RUDRAGOUDA S/O KALLANAGOUDA vs AKKAMMA W/O VEERAYYA HIREMATH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(KAR) 3294

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RSA No. 100196 of 2019

IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 13^TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 100196 OF 2019
(PAR-)
BETWEEN:
1.
RUDRAGOUDA S/O KALLANAGOUDA
MAGIGOUDRU, AGE:68 YEARS,
OCC:AGRICULTURE, GAWRAWADA VILLAGE
TQ and DT:GADAG. P.C.NO:528101
2.
ADIVEWWA @ ANNAKKA W/O
VEERABHADRAYYA HIREMATH
AGE:56 YEARS, OCC:AGRICULTURE,
R/O KORLAHALLI VILLAGE,
TQ:MUDARGI, DT:GADAG. P.C.NO:522118
…APPELLANTS
(BY SRI. P G MOGALI, ADVOCATE)
AND:
1.
AKKAMMA W/O VEERAYYA HIREMATH
@ VEERANAGOUDA MARIGOUDRU
AGE:43 YEARS,OCC:AGRICULTURE,
R/O AGOLI VILLAGE,
TQ:GANGAVATI,
DT:KOPPAL P.C.NO:583227

ANNAPURNA
CHINNAPPA
DANDAGAL
Digitally signed by
ANNAPURNA CHINNAPPA
DANDAGAL
Location: HIGH COURT OF
KARNATAKA DHARWAD

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RSA No. 100196 of 2019

2.
NANDINI D/O VEERAYYA HIREMATH
@ VEERANAGOUDA MARIGOUDRU
AGE:24 YEARS, OCC:STUDENT
R/O AGOLI VILLAGE,
TQ:GANGAVATI,
DT:KOPPAL P.C.NO:583227.

3.
SHIVAKUMARI D/O VEERAYYA HIREMATH
@ VEERANAGOUDA MARIGOUDRU
AGE:21 YEARS, OCC:STUDENT
R/O: AGOLI VILLAGE,
TQ:GANGAVATI,
DT:KOPPAL P.C.NO:583227.

…RESPONDENTS

THIS
RSA
FILED
U/SEC.100
OF
CPC,
AGAINST
THE

DECREE

DATED

13.11.2018

PASSED

R.A.NO.8/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND CHIEF JUDICIAL MAGISTRATE, GADAG, DISMISSING

THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE

DTD:02.01.2017 PASSED IN O.S.NO.74/2011 ON THE FILE OF THE

PRINCIPAL CIVIL JUDGEM GADAG, PARTLY DECREEING THE SUIT

FILED FOR PARTITION AND SEPARATE POSESSION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

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ORDER

Learned counsel for the appellants submits that

parties herein have settled the dispute in final decree

proceeding which was pending consideration in FDP

9/2019 and seeks permission to withdraw the appeal and

has filed a memo to that effect.

The said memo reads as under:

“The appellants and the respondents have

amicably settled their disputes. The compromise

petition dt:17/9/2019 was filed. In the Court

Principal

Civil

Judge

(Jr.Dn)

Gadag

F.D.P.NO:09/2019. On the basis of said

compromise petition, the FDP., has been closed.

Inview of this development, the appellants are

not

interested

pursuing

this

appeal.

WHEREFORE it is humbly prayed that this

Hon’ble appeal in the interest of justice and

equity.”

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In view of settlement between the parties, the appeal

is dismissed as withdrawn.

(Sd/-)

JUDGE

VMB

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