Basavaraj And Anr vs Gangamma
2025 Latest Caselaw 8827 Kant

Karnataka High Court

Basavaraj And Anr vs Gangamma on 25 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                            -1-
                                                        NC: 2025:KHC-K:5836
                                                    RSA No. 200041 of 2018


                    HC-KAR




                             IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                        DATED THIS THE 25TH DAY OF SEPTEMBER, 2025

                                          BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                     REGULAR SECOND APPEAL NO. 200041 OF 2018 (PAR)

                   BETWEEN:

                   1.   BASAVARAJ
                        S/O SIDDAPPA JUMMANAGOL,
                        AGED ABOUT: 18 YEARS,
                        OCC: AGRICULTURE,
                        R/AT: KALKERI,
                        TQ: SINDGI,
                        DIST: VIJAYAPURA.

                   2.   UMESH
                        S/O SIDDAPPA JUMMANAGOL ,
                        AGED ABOUT 15 YEARS,
                        OCC: NIL,

Digitally signed        APPELLANT NO.2 IS MINOR,
by RENUKA               GUARDIAN AND NEXT FRIEND
Location: HIGH          HIS NATURAL MOTHER,
COURT OF
KARNATAKA               SMT. MAHADEVI
                        W/O SIDDAPPA JUMMANAGOL,
                        AGED ABOUT 56 YEARS,
                        OCC: HOUSEHOLD,
                        R/AT: KALKERI,
                        TQ: SINDGI,
                        DIST: VIJAYAPURA.

                                                              ...APPELLANTS

                   (BY SRI G.G.CHAGASHETTI, ADVOCATE)
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                                           NC: 2025:KHC-K:5836
                                      RSA No. 200041 of 2018


HC-KAR




AND:

   GANGAMMA
   W/O SIDDAPPA JUMMANAGOL,
   AGE: 62 YEARS,
   OCC: HOUSEHOLD,
   R/AT: KALKERI,
   NOW RESIDING AT KOKATANUR,
   TQ: SINDGI,
   VIJAYAPURA - 586101.

                                                ...RESPONDENT

(BY SRI SANTOSH H. PATIL, ADVOCATE)


       THIS RSA IS FILED UNDER SECTION 100 OF CPC,

PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED

28.10.2017 PASSED BY THE IV ADDL. DISTRICT JUDGE,

VIJAYAPURA IN R.A.NO.128/2015 AND TO CONFIRM THE

JUDGMENT AND DECREE DATED 31.07.2015 PASSED BY THE

SENIOR CIVIL JUDGE AND JMFC, SINDGI O.S.NO.9/2009 IN

THE INTEREST OF JUSTICE AND EQUITY.


       THIS   RSA,   COMING   ON    FOR   ORDERS,   THIS   DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE SHIVASHANKAR
          AMARANNAVAR
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                                                   NC: 2025:KHC-K:5836
                                              RSA No. 200041 of 2018


HC-KAR




                            ORAL JUDGMENT

Learned counsel for appellants has filed memo

seeking withdrawal of the appeal.

2. Memo reads thus,

"That the appellant have filed the above appeal challenging the legality and validity of the Judgment and Decree dated 28.10.2017 passed by the IVth Addl. District. Judge Vijayapur in RA No.128/2015 allowing the appeal and set aside the judgment and decree dated 31.7.2015 in OS No.9/2009 passed by the Sr. Civil Judge JMFC Sindgi. The said appeal was admitted on 14.3.2018 and granted status-quo order. During pendency of the above appeal both the parties amicably settled the dispute, on advise of elder members of the village out of Court. In view of the settlement, the appellants are going to withdraw the Regular Second Appeal and they are not interested to prosecute the above matter in further. The appellant No.2 is minor, his natural mother is represented as minor guardian of the appellant No.2 and she has signed on behalf of the Appellant No.2 on this memo.

NC: 2025:KHC-K:5836

HC-KAR

Wherefore the appellants respectfully pray that this Hon'ble Court be pleased to dismissed the above Regular Second Appeal as withdrawn, in the interest of justice and equity.

Hence this memo."

3. In view of the memo, the appeal is dismissed as

withdrawn.

4. Learned counsel for the respondent submits that

he has no instructions from his party regarding settlement

of the matter out of the Court.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP