Karnataka High Court
Jayappa S/O. Mallappa Talawar vs Basamma W/O. Ramappa Talawar on 15 September, 2025
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NC: 2025:KHC-D:12017
RSA No. 100399 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 100399 OF 2021 (PAR)
BETWEEN:
JAYAPPA S/O. MALLAPPA TALAWAR
AGE. 50 YEARS, OCC. AGRICULTURE,
R/O. NANDIHALLI, TQ. RANEBENNUR,
DIST. HAVERI-581116.
...APPELLANT
(BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE)
AND:
1. BASAMMA W/O. RAMAPPA TALAWAR
AGE. 78 YEARS, OCC. AGRICULTURE,
R/O. NANDIHALLI, TQ. RANEBENNUR,
DIST. HAVERI-581116.
2. KUSUMAVVA W/O. KARABASAPPA YADAGODI
Digitally signed by
AGE. 58 YEARS, OCC. AGRICULTURE,
MALLIKARJUN
RUDRAYYA
KALMATH
R/O. NANDIHALLI, TQ. RANEBENNUR,
Location: HIGH
COURT OF DIST. HAVERI-581116.
KARNATAKA
DHARWAD BENCH
Date: 2025.09.17
12:58:08 +0530
3. SHANTAVVA W/O. DHARAMAPPA OLEKAR
AGE. 56 YEARS, OCC. AGRICULTURE,
R/O. NANDIHALLI, TQ. RANEBENNUR,
DIST. HAVERI-581116.
...RESPONDENTS
(R1 TO R3-REFUSED)
THIS RSA IS FILED U/SEC.100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 07.12.2020 PASSED IN
R.A.NO.12/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR,
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NC: 2025:KHC-D:12017
RSA No. 100399 of 2021
HC-KAR
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 10.01.2019 PASSED IN O.S. NO.93/2013
ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND II
ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS,
RANEBENNUR, ALLOWING THE SUIT FILED FOR PARTITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
1. Learned counsel for the petitioner has filed a
memo for withdrawal of the petition. The memo reads as
under:
"The undersigned advocate for the appellant respectfully
submits that the appellant filed the above appeal challenging
Judgment and Decree dated 07.12.2020 passed by the Prl.
Senior Civil Judge & JMFC, Ranebennr in R.A.No.12/2019 as
well as the Judgment and decree dated 10.01.2019 passed in
O.S.No.93/2013 on the file of Addl. Civil Judge & IL Addl.
JMFC, Ranebennur. During the pendency of the above appeal,
the appellant and the respondents have amicably settled the
dispute among them in the Final Decree Proceedings in FDP
No.19/2019 pending on the file of Addl. Civil Judge and 2nd
Addl. JMFC Ranebennur and hence the appellant is desiring to
withdraw the appeal and has instructed to file memo for
withdrawal of the above appeal. Hence, the present memo is
filed on the instructions of the appellant and appellant has
also signed on the memo consenting to withdraw the appeal
NC: 2025:KHC-D:12017
HC-KAR
on his own wish and will. Hence the appellant respectfully
prays that this Hon'ble court may be pleased to take the
memo on record and permit the appellant to withdraw the
appeal and be pleased to dismiss the above appeal as
withdrawn in the interest of justice."
2. Memo is taken on record.
3. In view of the memo, the petition is dismissed as
withdrawn.
Sd/-
(G BASAVARAJA)
JUDGE
AC
Ct-cmu
