[Cites 1, Cited by 0]
Karnataka High Court
Smt Mahanada W/O Nagappa Reshmi vs Gurappa S/O Chanbasappa Revadagi Alias ... on 10 March, 2026
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NC: 2026:KHC-D:3736
RSA No. 100323 of 2022
C/W RSA No. 100932 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 10TH DAY OF MARCH 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
REGULAR SECOND APPEAL NO. 100323 OF 2022 (PAR/POS)
C/W.
REGULAR SECOND APPEAL NO. 100932 OF 2023
IN RSA NO. 100323/2022
BETWEEN:
1. GURAPPA
S/O. CHANNABASAPPA REVADAGI @ SUNADOLI,
AGE: 65 YEARS, OCC: BUSINESS,
R/O. BARAGI ONI, MAHALINGAPUR,
TQ: MUDHOL, DIST: BAGALKOT-587 312.
2. MAHALINGAPPA
S/O. CHANNABASAPPA REVADAGI @ SUNADOLI,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. OPPOSITE TMC, MAHALINGAPUR,
TQ: MUDHOL, DIST: BAGALKOT-587 312.
3. IRAPPA
Digitally signed by S/O. CHANNABASAPPA REVADAGI @ SUNADOLI,
GIRIJA A.
BYAHATTI AGE: 61 YEARS, OCC: BUSINESS,
Location: HIGH
COURT OF
KARNATAKA,
R/O. OPPOSITE TMC, MAHALINGAPUR,
DHARWAD BENCH
TQ: MUDHOL, DIST: BAGALKOT-587 312.
4. SHIVAPPA
S/O. CHANNABASAPPA REVADAGI @ SUNADOLI,
AGE: 61 YEARS, OCC: BUSINESS,
R/O. OPPOSITE TMC, MAHALINGAPUR,
TQ: MUDHOL, DIST: BAGALKOT-587 312.
...APPELLANTS
(BY SRI. GIRISH A. YADAWAD, ADVOCATE)
AND:
1. SMT. MAHANANDA
W/O. NAGAPPA RESHMI,
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NC: 2026:KHC-D:3736
RSA No. 100323 of 2022
C/W RSA No. 100932 of 2023
HC-KAR
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O. BAILHONGAL, TQ: BAILHONGAL,
DIST: BELAGAVI-591 102.
2. SMT. SUVARNA
W/O. RAVINDRA PAWATE,
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O. BANAHATTI, TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOT-587 311.
3. SMT. ALLAWWA @ ANNAPURNA
W/O. CHANNAGIREPPA CHENNI,
AGE: 67 YEARS, OCC: HOUSE HOLD WORK,
R/O. SHALAM GATE, MUDHOL ROAD,
NEAR SHREE VEERABHADRESHWAR TEMPLE,
JAMKHANDI, TQ: JAMKHANDI,
DIST: BAGALKOT-587 301.
...RESPONDENTS
(BY SRI. N.L. BATAKURKI, ADVOCATE FOR R1 & R2)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908
PRAYING TO CALL FOR RECORDS AND ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND DECREE DATED 04.10.2021 PASSED BY
THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT AT
JAMAKHANDI IN R.A.NO.143/2019 MODIFYING THE JUDGMENT AND
DECREE DATED 01.07.2019 PASSED BY THE ADDITIONAL SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL IN
O.S.NO.114/2017; DISMISS THE SUIT IN O.S.NO.114/2017 FILED
BY THE RESPONDENT NOS.1 AND 2 (PLAINTIFFS) AND ETC.
IN RSA NO. 100932/2023
BETWEEN:
1. SMT. MAHANADA W/O. NAGAPPA RESHMI,
AGE: 56 YEARS, OCC: HOUSEWIFE,
R/O. BAILHONGAL-591102,
TQ: BAILHONGAL, DIST: BELAGAVI.
2. SMT. SUVARNA W/O. RAVINDRA PAVATE,
AGE: 50 YEARS, OCC: HOUSEWIFE,
R/O. BANAHATTI-587311,
TQ: JAMAKHANDI, DIST: BAGALKOT.
...APPELLANTS
(BY SRI. N.L. BATAKURKI, ADVOCATE)
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NC: 2026:KHC-D:3736
RSA No. 100323 of 2022
C/W RSA No. 100932 of 2023
HC-KAR
AND:
1. GURAPPA
S/O. CHANBASAPPA REVADAGI @ SUNADOLLI,
AGE: 65 YEARS, OCC: BUSINESS,
R/O. BARAGI ONI, MAHALINGAPUR-587312,
TQ: MUDHOL, DIST: BAGALKOT.
2. MAHALINGAPPA
S/O. CHANBASAPPA REVADAGI @ SUNADOLLI,
AGE: 63 YEARS, OCC: BUSINESS,
3. IRAPPA
S/O. CHANBASAPPA REVADAGI @ SUNADOLLI,
AGE: 59 YEARS, OCC: BUSINESS,
4. SHIVAPPA
S/O. CHANBASAPPA REVADAGI @ SUNADOLLI,
AGE: 58 YEARS, OCC: BUSINESS,
ALL R/O. OPPOSITE TMC,
MAHALINGAPUR-587312,
TQ: MUDHOL, DIST: BAGALKOT.
5. SMT. ALLAWWA @ ANNAPURNA
W/O. CHANAGIREPPA CHENNI,
AGE: 67 YEARS, OCC: HOUSEWIFE,
R/O. SHALAM GATE, MUDHOL ROAD,
JAMAKHANDI-587313,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
...RESPONDENTS
(BY SRI. GIRISH A. YADAWAD, ADVOCATE FOR R1-R4;
NOTICE TO R5-HELD SUFFICIENT)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING
TO CALL FOR RECORDS IN O.S. NO.114/2017, ON THE FILE OF
ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, MUDHOL AND BE PLEASED TO MODIFY JUDGMENT
AND DECREE DATED 04.10.2021 BY INCLUDING ADDITIONAL
PROPERTIES AS PER CROSS OBJECTION FILED BY
PLAINTIFFS/APPELLANTS HEREIN AND AWARD 1/7TH SHARE AND
ETC.
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RSA No. 100323 of 2022
C/W RSA No. 100932 of 2023
HC-KAR
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER
1. Learned counsel for the appellants has filed a memo
dated 09.03.2026 seeking withdrawal of the appeal,
which is duly signed by appellant No.3. The memo
reads as under:
"The appellants above named respectfully
submit as under:
That, the top noted appeal and connected
appeal arise out of preliminary decree. The
parties have settled the dispute and have
presented compromise petition in RA
No.5053/2025 filed by appellants herein
challenging the final decree passed in FDP
No.28/2019. Therefore, the appellants herein
pray that this Hon'ble court may be pleased to
dispose of the top noted appeal as not pressed, in
the interest of justice and equity."
2. In the memo it is stated that the parties have settled
the dispute in R.A.No.5053/2025. The said R.A. was
filed challenging the judgment and decree passed in
FDP No.28/2019 arising out of O.S. No.114/2017. The
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HC-KAR
present second appeal has been filed challenging the
preliminary decree passed in R.A. No.143/2019, which
was filed against O.S.No.114/2017.
3. Learned counsel for respondent Nos.1 and 2 submits
that the parties have settled the dispute and that he is
also filing a withdrawal memo in the connected RSA
No.100932/2023.
4. In view of the submissions made by both sides, and as
the memo is duly signed by one of the appellants,
memo is taken on record.
5. Appellants are permitted to withdraw the appeal.
6. Accordingly, RSA No.100323/2022 is dismissed as
withdrawn.
7. Learned counsel for the appellants has filed a memo
dated 10.03.2026 seeking withdrawal of the appeal,
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HC-KAR
which is accompanied by the affidavit of appellant
No.1. The memo reads as under:
"Herein the Advocate for appellants submits
as under.
That in the top noted case Appellants and
Respondents entered in to a compromise in an
appeal Challenging the decree passed in FDP, on
the file of I Additional district court Jamkhandi in
RA No.5053/2025, hence appellants kindly be
permitted to withdraw above appeal in the
interest of justice.
Hence the memo."
8. In view of the memo filed for withdrawal of appeal and
as the connected appeal has already been withdrawn,
the memo is taken on record.
9. Appellants are permitted to withdraw the appeal.
10. Accordingly, RFA No.100932/2023 is dismissed as
withdrawn.
Sd/-
(GEETHA K.B.)
JUDGE
gab
CT-MCK
LIST NO.: 1 SL NO.: 5
