Citation : 2025 Latest Caselaw 8690 Kant
Judgement Date : 22 September, 2025
-1-
NC: 2025:KHC-D:12806
RSA No. 5721 of 2009
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. 5721 OF 2009 (PAR)
BETWEEN:
1. NINGAREDDI SOMARADDI SOMAPUR,
AGE: 27 YEARS, OCC: AGRICULTURE,
R/O.KONNUR, TALUK: NARGUND,
DISTRICT: GADAG.
(SINCE DECEASED, BY HIS L.RS.)
1A) SMT. LAXMI W/O. NINGARADDI SOMAPUR
AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
R/O: NEAR DYAMAMMA TEMPLE,
KONNUR, TQ. NARAGUND,
DIST: GADAG 582206.
1B) KUMARI ANJALI D/O. NINGARADDI SOMAPUR
AGE: 22 YEARS, OCC: STUDENT,
R/O: NEAR DYAMAMMA TEMPLE,
KONNUR, TQ. NARAGUND,
MALLIKARJUN
RUDRAYYA DIST: GADAG-582206.
KALMATH
Digitally signed by
MALLIKARJUN
RUDRAYYA 1C) KUMAR SOMARADDI S/O. NINGARADDI SOMAPUR,
KALMATH
Date: 2025.09.24
10:41:51 +0530 AGE: 17 YEARS, OCC: STUDENT,
R/O: NEAR DYAMAMMA TEMPLE,
KONNUR, TQ. NARAGUND, DIST. GADAG-582206.
(SINCE MINOR, REPRESENTED BY HIS NEXT FRIEND
HIS MOTHER AND MINOR GUARDIAN APPLICANT NO.1
SMT. LAXMI W/O. NINGARADDI SOMAPUR)
...APPELLANTS
(BY SRI B.V. SOMAPUR AND
SMT. N.B. SOMAPUR, ADVOCATES FOR A1(A TO C).)
-2-
NC: 2025:KHC-D:12806
RSA No. 5721 of 2009
HC-KAR
AND:
1. SMT. TULASAVVA W/O. HANAMAREDDI SOMAPUR
AGE: 86 YEARS, OCC: HOUSEHOLD WORK,
R/O: VASAN, TQ: NARAGUND, DIST: GADAG
DECEASED BY HER LR.
1A) TULASIGIRIGOUDA BASANAGOUDA PATIL
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: VASAN, TQ: NARAGUND,
DIST: GADAG-582206
(SINCE DECEASED BY HIS LRS)
1A(I) SMT. GEETA W/O. TULASIGIGOUDA PATIL
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O: VASAN TQ: NARGUND,
DIST: GADAG-582206.
1A(II) MANJULA D/O. TULASIGIGOUDA PATIL
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
R/O: VASAN TQ: NARGUND,
DIST: GADAG-582206.
1A(III) RAGHAVENDRAGOUDA S/O. TULASIGIGOUDA PATIL
AGE: 32 YEARS, OCC: AGRICULTURE
R/O: VASAN TQ: NARGUND,
DIST: GADAG-582206.
1A(IV) BASANAGOUDA S/O. TULASIGIGOUDA PATIL
AGE: 29 YEARS, OCC: AGRICULTURE
R/O: VASAN TQ: NARGUND,
DIST: GADAG-582206.
...RESPONDENTS
(BY SRI V.G. BHAT AND SRI SURAJ M. KATAGI, ADVOCATES FOR
R1(A) (I-IV).)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT & DECREE DATED 20.10.2009 PASSED IN
R.A.NO.8/2002 ON THE FILE OF THE DISTRICT AND SESSIONS
-3-
NC: 2025:KHC-D:12806
RSA No. 5721 of 2009
HC-KAR
JUDGE, GADAG, AND THE JUDGMENT DATED 20.06.1997 AND
THE DECREE PASSED IN O.S.NO.108/1991, ON THE FILE OF THE
III ADDITIONAL CIVIL JUDGE & CJM, DHARWAD, AND TO
DECREE THE SUIT AS PRAYED FOR IN THE SUIT 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)
The appellants counsel has filed a memo for
withdrawal of the appeal, which reads as under:
Herein, the advocate for the appellant respectfully submit as under:
That, the appellants in this appeal have settled the dispute before the elders and have filed compromise petition in RFA No.100579/2019 (Dec/Inj), and in terms of the said compromise petition, the said appeal RFA No.100579/2019 is disposed off. The copy of the order in RFA No.100579/2019 is produced along with this memo. Hence, the appellants in this appeal intends to withdraw the appeal as the dispute is settled between the parties.
Hence, the appellants may kindly be permitted to withdraw this appeal, and the appeal may be disposed as withdrawn, in the interest of justice and equity.
NC: 2025:KHC-D:12806
HC-KAR
2. The memo is placed on record. In view of the
memo, the appellants are permitted to withdraw the appeal.
Accordingly, the appeal is disposed of as withdrawn.
3. In view of the 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
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!