Shivappa vs Basamma
2025 Latest Caselaw 9338 Kant

Karnataka High Court

Shivappa vs Basamma on 23 October, 2025

Author: M.G.S.Kamal

Bench: M.G.S.Kamal

                                             -1-
                                                          NC: 2025:KHC-K:6207
                                                     RFA No. 200207 of 2025


                   HC-KAR




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                         DATED THIS THE 23RD DAY OF OCTOBER, 2025

                                          BEFORE
                            THE HON'BLE MR. JUSTICE M.G.S.KAMAL


                         REGULAR FIRST APPEAL NO. 200207 OF 2025
                                         (PAR/POS)
                   BETWEEN:

                   1.   SHIVAPPA
                        S/O MAHADEVAPPA HADALAGERI,
                        AGED:57 YEARS, OCC:AGRICULTURE,
                        R/O. VADAVADAGI,
                        TQ.BASAVAN-BAGEWADI,
                        DIST. VIJAYAPURA-586203.

                   2.   RENUKA
                        W/O SHIVAPPA HADALAGERI,
                        AGED:42 YEARS, OCC:HOUSEHOLD,
                        R/O. VADAVADAGI,
Digitally signed
by SACHIN               TQ. BASAVAN-BAGEWADI,
Location: HIGH          DIST.VIJAYAPURA-586203.
COURT OF
KARNATAKA          3.   BASAVARAJ
                        S/O SHIVAPPA HADALAGERI,
                        AGED:12 YEARS, OCC: EDUCATION,
                        R/O. VADAVADAGI,
                        TQ. BASAVAN-BAGEWADI,
                        DIST. VIJAYAPURA-586203,
                        SINCE MINOR REPRESENTED BY
                        APPELLANT NO.2 AS MINOR GUARDIAN.

                   4.   MADHU
                        S/O SHIVAPPA HADALAGERI,
                        AGED:10 YEARS, OCC:EDUCATION,
                             -2-
                                     NC: 2025:KHC-K:6207
                                  RFA No. 200207 of 2025


HC-KAR




     R/O.VADAVADAGI,
     TQ.BASAVAN-BAGEWADI,
     DIST. VIJAYAPURA,
     SINCE MINOR REPRESENTED BY
     APPELLANT NO.2 AS MINOR GUARDIAN

                                             ...APPELLANTS

(BY SMT. LAKSHMI G.E, ADVOCATE)

AND:

1.   BASAMMA
     W/O SANGANAGOUDA DHAVALAGI,
     AGED: 45 YEARS, OCC: HOUSEWORK,
     R/O. SHARANA SOMANAL, TQ.TALIKOTI,
     DIST. VIJAYAPUR-586214.

2.   PREMA
     W/O SHIVAPPA HADALAGERI,
     AGED: 45 YEARS, OCC: HOUSEHOLD,
     R/O. VADAVADAGI, TQ. BASAVAN-BAGEWADI,
     DIST. VIJAYAPURA-586214.

                                            ...RESPONDENTS
(BY SRI SHIVANAND PATIL, ADVOCATE)

       THIS RFA IS FILED   UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF CPC, PRAYING TO ALLOW THE APPEAL
AND SET ASIDE JUDGMENT AND DECREE DATED 27 JUNE 2025
PASSED IN OS NO.24/2023 ON THE FILE OF ADDL. SENIOR
CIVIL JUDGE, BASAVANA BAGEWADI.


       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE M.G.S.KAMAL
                               -3-
                                          NC: 2025:KHC-K:6207
                                       RFA No. 200207 of 2025


 HC-KAR




                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)

Learned counsel for the appellants files a memo

seeking withdrawal, which reads as under :

"The advocate for appellants prays that, the Hon'ble Court may kindly be pleased to permit the appellants to withdraw the present appeal because both the parties are settled the matter before the trial Court. Hence, Hon'ble Court may kindly accept the present memo for withdraw the appeal in the interest of justice and equity."

2. Memo is taken on record.

3. Appeal is dismissed as withdrawn.

4. In view of dismissal of appeal, interlocutory

applications, if any do not survive for consideration.

Accordingly, they are disposed of.

Sd/-

(M.G.S.KAMAL) JUDGE

SN

CT:PK