Karnataka High Court
Panditappa Balappa Banhatti vs The Chairman Harijan Weavers ... on 22 September, 2025
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NC: 2025:KHC-D:12807
RSA No. 2462 of 2007
HC-KAR
IN THE HIGH COURT OF KARNATAKA
AT DHARWAD
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 2462 OF 2007
(RES)
BETWEEN:
1. PANDITAPPA BALAPPA BANHATTI
SINCE DECEASED BY HIS LRS
1A) SMT. SHOBHA W/O. VASANT MYAGERI
AGE: 65 YEARS, OCC: HOUSEHOLD
R/O: NO.5, GURUNATH NAGAR,
ANAND NAGAR ROAD,
OLD HUBBALLI-580024,
DIST: DHARWAD.
1B) ASHOK S/O. PANDIT BANAHATTI
AGE: 62 YEARS, OCC: WEAVER,
MALLIKARJUN
RUDRAYYA
KALMATH
R/O: ASHOK COLONY, MAIN ROAD,
Digitally signed by
BANAHATTI-587311,
MALLIKARJUN
RUDRAYYA
KALMATH
TAL: RABAKAVI-BANAHATTI,
Date: 2025.09.24
10:41:51 +0530 DIST: BAGALKOT.
1C) UMESH S/O. PANDIT BANAHATTI,
AGE: 60 YEARS, OCC: TRADE,
R/O: ASHOK COLONY, MAIN ROAD,
BANAHATTI-587311,
TAL: RABAKAVI-BANAHATTI,
DIST: BAGALKOT.
1D) SMT. SUJATA W/O. JANAPPA GASTI
AGE: 58 YEARS, OCC: HOUSEHOLD
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NC: 2025:KHC-D:12807
RSA No. 2462 of 2007
HC-KAR
R/O: NO.6358, NEAR DATTA MANDIR,
SHIVAJI NAGAR, BELAGAVI 590016.
1E) SMT. HANSA W/O. RAMESH PUJARI,
AGE: 56 YEARS, OCC: HOUSEHOLD
R/O: 'MATHOSHRI NIVAS', 1/2ND MAIN ROAD,
BUDANI ROAD CROSS,
SADASHIV NAGAR, MUDHOL-587313,
DIST: BAGALKOT.
1F) SMT. RUPA W/O. RAJU MUDALAGI
AGE: 53 YEARS, OCC: HOUSEHOLD,
R/O: NO.51, MOOGI LAYOUT,
MAHATMA GANDHI HOUSING COLONY,
BAILHONGAL-591102, DIST: BELAGAVI.
1G) MARUTI S/O. PANDIT BANAHATTI
AGE: 52 YEARS, OCC: DRIVER,
R/O: ASHOK COLONY, MAIN ROAD,
BANAHATTI-587311,
TAL: RABAKAVI-BANAHATTI,
DIST: BAGALKOT.
1H) BALAPPA S/O. PANDIT BANAHATTI
AGE: 49 YEARS, OCC: SERVICE,
R/O: ASHOK COLONY, MAIN ROAD,
BANAHATTI-587311.
TAL: RABAKAVI-BANAHATTI,
DIST: BAGALKOT.
1I) SMT. PUSHPA W/O. MAYAPPA KULLOLI
AGE: 47 YEARS, OCC: HOUSEHOLD,
R/O: NEAR UPPARWADI, CHINCHALI-591217
TAL: RAIBAG, DIST: BELAGAVI.
...APPELLANTS
(BY SRI RAVI S. BALIKAI, ADVOCATE.)
AND:
THE CO-OPERATION DEVELOPMENT OFFICER,
AND LIQUIDATION OFFICER,
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NC: 2025:KHC-D:12807
RSA No. 2462 of 2007
HC-KAR
HARIJAN WEAVERS' CO-OPERATIVE
SOCIETY LTD., BANAHATTI 587311,
REPRESENTED BY THE
CO-OPERATION DEVELOPMENT OFFICER
AND LIQUIDATION OFFICER,
TAL: JAMAKHANDI, DIST: BAGALKOT.
...RESPONDENT
(BY SRI M.KESHAVAREDDY, ADDITIONAL ADVOCATE GENERAL
AND SRI PRAVEENA DEVAREDDIYAVARA, HCGP.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 27.06.2007,
PASSED IN R.A.NO.130/2006, ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE (SR.DN.), JAMKHANDI AND CONFIRM THE
JUDGMENT AND DECREE DATED 17.07.2006 PASSED IN
O.S.NO.61/2003 BY THE LEARNED CIVIL JUDGE (JR.DN.),
BANAHATTI AND ALLOW THIS APPEAL WITH COSTS, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER
IS MADE THEREIN AS UNDER
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
It is submitted that amended cause title is filed on
30.07.2025.
2. Learned counsel for appellant has filed memo for
withdrawal of the appeal, which reads as under:
"HEREIN, the Memo filed on behalf of the
Appellants is as under:
NC: 2025:KHC-D:12807
HC-KAR
The Appellants submit that negotiations are
going on with the Respondent for amicable
settlement of the present dispute. As discussed in
the settlement talks the Appellants have been
advised by the elders to withdraw the above
Appeal for the present. Hence the Appellants pray
that this Hon'ble Court be pleased to permit them
to withdraw the above Appeal to enable them to
negotiate and settle the dispute amicably. The
Appellants would also pray that this Hon'ble Court
be pleased to reserve the liberty to the Appellants
to REVIVE the case again, if the efforts for
amicable settlement of dispute fail before the
elders. The Affidavits of all the Appellants seeking
permission to withdraw the Appeal are produced
herewith the Memo.
IT IS THEREFORE PRAYED that this Hon'ble
Court be pleased to permit the Appellants to
withdraw the above Appeal, reserving liberty to
Revive the case again if the efforts for amicable
settlement of the Dispute fail, in the interest of
justice and equity."
3. Along with the memo, the appellants counsel has
filed affidavit of Smt.Shobha, Ashok, Umesh, Smt.Sujata,
Smt.Hansa, Smt.Rupa, Maruti, Balappa, Smt.Pushpa along
with copy of their Aadhar cards towards ID proof.
NC: 2025:KHC-D:12807
HC-KAR
4. The learned Additional Advocate General
Sri M.Keshavareddy submits that there is no amicable
settlement of dispute between the parties.
5. Considering the memo, the same is placed on
record. The appellants are permitted to withdraw this
appeal reserving liberty to revive the case again if it is
permissible in law. If any revival application is filed, the
same would be considered in accordance with law. In view
of the above observation, the appeal is disposed of as
withdrawn.
6. In view of disposal of the appeal, pending
interlocutory applications, if any, stand disposed of as they
do not survive for consideration.
Sd/-
(G BASAVARAJA)
JUDGE
MRK
CT-CMU
