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Karnataka High Court
Shri.Rohit S/O Madhusudan Joshi vs Smt.Sonnavva W/O Dhanapal Patil on 9 March, 2026
-1-
NC: 2026:KHC-D:3693
RSA No. 100956 of 2019
C/W RSA No. 100957 of 2019
RSA No. 100958 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 9TH DAY OF MARCH 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
REGULAR SECOND APPEAL NO. 100956 OF 2019
(DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 100957 OF 2019
REGULAR SECOND APPEAL NO. 100958 OF 2019
IN RSA NO. 100956/2019
BETWEEN:
1. SHRI ROHIT
S/O. MADHUSUDAN JOSHI,
AGED ABOUT 49 YEARS, OCC: BUSINESS,
R/O. CTS NO.253/A, RANADE ROAD,
TILAKWADI, BELAGAVI-560001.
2. SHRI SACHIN
S/O. MADHUSUDAN JOSHI,
Digitally signed
by SAROJA
HANGARAKI
AGED ABOUT 52 YEARS, OCC: BUSINESS,
Location:
HIGH COURT
R/O. CT S NO.253/A, RANADE ROAD,
OF
KARNATAKA, TILAKWADI, BELAGAVI-560001.
DHARWAD
BENCH ...APPELLANTS
(BY SRI. SHRIKANT T. PATIL AND
SRI. ROHIT S. PATIL, ADVOCATES)
AND:
1. SMT. SONNAVVA
W/O. DHANPAL PATIL,
AGE: 72 YEARS, OCC: HOUSEHOLD WORK,
R/O. KORE GALLI, SHAHAHAPUR, BELAGAVI-560001.
2. SHRI SANJAY
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NC: 2026:KHC-D:3693
RSA No. 100956 of 2019
C/W RSA No. 100957 of 2019
RSA No. 100958 of 2019
HC-KAR
S/O. DHANPAL PATIL,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. KORE GALLI, SHAHAPUR, BELAGAVI-560001.
3. SHRI SHEETAL
S/O. DHANPAL PATIL,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. KORE GALLI, SHAHAPUR, BELAGAVI-560001.
...RESPONDENTS
(BY SRI. ANIL KALE, ADVOCATE FOR R1-R3)
THIS RSA IS FILED UNDER SECTION 100 OF CPC
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
31.08.2019 PASSED BY THE VI ADDITIONAL DISTRICT JUDGE,
BELAGAVI IN R.A.NO.252/2018 CONSEQUENTLY DISMISS THE
SUIT OF THE RESPONDENTS/PLAINTIFFS PASSED BY THE I
ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, BELAGAVI IN O.S.NO.243/2011, DATED:
07.09.2018 AND ETC.
IN RSA NO. 100957/2019
BETWEEN:
1. SHRI ROHIT
S/O. MADHUSUDAN JOSHI,
AGED ABOUT 49 YEARS, OCC: BUSINESS,
R/O. CTS NO.253/A, RANADE ROAD,
TILAKWADI, BELAGAVI-560001.
2. SMT. PRADNYA
W/O. ROHIT JOSHI,
AGED ABOUT 41 YEARS, OCC: HOUSEHOLD WORK,
R/O. CTS NO.253/A, RANADE ROAD,
TILAKWADI, BELAGAVI-560001.
...APPELLANTS
(BY SRI. SRIKANT T. PATIL, ADVOCATE)
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NC: 2026:KHC-D:3693
RSA No. 100956 of 2019
C/W RSA No. 100957 of 2019
RSA No. 100958 of 2019
HC-KAR
AND:
1. SMT. PADMAVATI
W/O. BHARMANNA PATIL,
AGE: 74 YEARS, OCC: HOUSEHOLD WORK,
R/O. CTS NO.2133, KORE GALLI,
SHAHAHAPUR, BELAGAVI-560001.
2. SHRI SUNIL
S/O. BHARMANNA PATIL,
AGE: 53 YEARS, OCC: SERVICE,
R/O. CTS NO.2133, KORE GALLI,
SHAHAHAPUR, BELAGAVI-560001.
...RESPONDENTS
(BY SRI. ANIL KALE, ADVOCATE FOR R1 & R2)
THIS RSA IS FILED UNDER SECTION 100 OF CPC
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 31.08.2019 PASSED BY THE VI ADDITIONAL
DISTRICT JUDGE, BELAGAVI IN R.A.NO.253/2018
CONSEQUENTLY DISMISS THE SUIT OF THE
RESPONDENTS/PLAINTIFFS PASSED BY THE I ADDITIONAL
SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
BELAGAVI IN O.S.NO.244/2011, DATED:07.09.2018 AND
ETC.
IN RSA NO. 100958/2019
BETWEEN:
1. SHRI ROHIT
S/O. MADHUSUDAN JOSHI,
AGED ABOUT 49 YEARS, OCC: BUSINESS,
R/O. CTS NO.253/A, RANADE ROAD,
TILAKWADI, BELAGAVI.
2. SMT. PRADNYA
W/O. ROHIT JOSHI,
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RSA No. 100956 of 2019
C/W RSA No. 100957 of 2019
RSA No. 100958 of 2019
HC-KAR
AGED ABOUT 41 YEARS, OCC: HOUSEHOLD WORK,
R/O. CTS NO.253/A, RANADE ROAD,
TILAKWADI, BELAGAVI.
...APPELLANTS
(BY SRI. SHRIKANT T. PATIL AND
SRI. ROHIT S. PATIL, ADVOCATES)
AND:
VASUDEV @ RAYAPPAP
S/O. MAHAVEER PATIL,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O. TIGADOLLI,, TALUK: BAILHONGAL, DISTRICT:
BELAGAVI.
...RESPONDENT
(BY SRI. ANIL KALE, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 31.08.2019 PASSED BY THE VI ADDITIONAL
DISTRICT JUDGE, BELAGAVI IN R.A.NO.254/2018
CONSEQUENTLY DISMISS THE SUIT OF THE
RESPONDENTS/PLAINTIFFS PASSED BY THE I ADDITIONAL
SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
BELAGAVI IN O.S.NO.245/2011, DATED:07.09.2018 AND
ETC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:3693
RSA No. 100956 of 2019
C/W RSA No. 100957 of 2019
RSA No. 100958 of 2019
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)
Learned counsel for the appellants has filed a memo
dated 09.03.2026 seeking withdrawal of the appeal, which is
duly signed by appellant Nos.1 and 2 who are identified by their
counsel.
2. Learned counsel for respondents has no objection to
the memo.
3. The memo reads as under:
"MEMO FOR WITHDRAWAL OF APPEAL
The Appellants above named most
respectfully submit as follows:
1. The above Regular Second Appeal has been
preferred by the appellants challenging the
Judgment and Decree dated 31.08.2019
passed in R.A.No.253/2018 on the file of the
VI Additional District Judge, Belagavi,
whereby the Judgment and Decree dated
07.09.2018 passed in O.S.No.244/2011 by
the Court of the I Additional Senior Civil
Judge & CJM, Belagavi, came to confirmed.
NC: 2026:KHC-D:3693
HC-KAR
2. It is respectfully submitted that during the
pendency of the present appeal, the parties
have, with the intervention of well-wishers
and elders, amicably resolved the dispute
outside the Court, thereby setting all their
inter se claims and differences of this appeal.
3. In view of the said amicable settlement and
with a view to bringing a quietus to the long-
standing litigation between the parties, the
appellants do not intend to further prosecute
the present appeal.
4. The appellants therefore humbly submit that
they may be permitted to withdraw the
present appeal, as the dispute giving rise to
the appeal no longer survives for
adjudication.
Wherefore, the appellants most respectfully
pray that this Hon'ble Court may be pleased to
Permit the appellants to withdraw the above appeal
as having been settled out of Court, and
consequently dismiss the same as withdrawn, in the
interest of justice and equity."
4. It is stated in the memo that parties have amicably
settled the dispute outside the Court. Hence, the appellants are
withdrawing the appeal as settled out of Court.
NC: 2026:KHC-D:3693
HC-KAR
5. In view of the settlement of dispute between
parties, memo is accepted. The appeal is dismissed as
withdrawn.
6. Refund the Court fee to the appellants as per law.
Sd/-
(GEETHA K.B.)
JUDGE
SSP
CT-MCK
LIST NO.: 1 SL NO.: 7
