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RSA No. 101145 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 28TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 101145 OF 2022
(DEC/INJ-)
BETWEEN:
1.
SHREE 1008 PARSHWANATH DIGAMBER JAIN MANDIR
(CHIKK-BASTI)TRUST COMMITTEE NO. 557
MATH GALLI, BELAGAVI 590001,
REPRESENTED BY ITS KARYADHYAKSHA (WORKING
PRESIDENT) AND SANGAMI (SECRETARY) NO.2 AND 3
BELOW.
2.
SHRI APPASAHEB S/O SRIMANDHAR KALMANI
AGE: 70 YEARS, OCC: SOCIAL WORK,
R/O. MARUTI ROAD, GANDHINAGAR,
BELAGAVI-590016.
3.
SHRI PRAKASH S/O APPANNA CHOUGULE @ SANGAMI
AGE: 58 YEARS, OCC: BUSIENSS,
R/O: 614, MATHGALLI,
BELAGAVI-590001
…APPELLANTS
(BY SRI. A S PATIL.,ADVOCATE)
ANNAPURNA
CHINNAPPA
DANDAGAL
Digitally
signed by
ANNAPURNA
CHINNAPPA
DANDAGAL
Location:
HIGH COURT
OF
KARNATAKA
DHARWAD
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RSA No. 101145 of 2022
AND:
SHRI. BALCHANDRA JAYAPPA CHOUGULE
AGE: 89 YEARS, OCC: PENSIONER,
R/O. 751/4, SECTOR NO.5,
SHREENAGAR, BELAGAVI-590016,
NOW RESIDING AT H.NO. 1122/B,
KULKARNI GALI,BELAGAVI 590001,
TQ. AND DIST: BELAGAVI.
…RESPONDENT
(BY SRI. SUHAS K HOSAMANI AND
SRI. SABEEL AHMED.,ADVOCATES)
THIS RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE
AND
DECREE
DATED
02.06.2022
PASSED
IN
R.A.NO.4/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE BELAGAVI, DISMISSING
THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED
02.01.2021, PASSED IN O.S. NO.1769/2012 ON THE FILE OF THE I
ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS,
BELAGAVI,
CONFIRMING
THE
SUIT
FILED
FOR
DECLARATION
AND
CONSEQUENTIAL
RELIEF
OF
PERPETUAL
INJUCTION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Learned counsel for the appellant submits that the
parties herein have settled the dispute among themselves
and files a memo for withdrawal. The memo reads as
under:
“The
Counsel
appearing
on
behalf
Appellants humbly submits that the appellants
and the Respondent with the intervention of the
elderly members of the community have
amicably
settled
the
dispute
between
themselves. Hence, in view of the same, the
Appellants does not wish to proceed further
with the above appeal and humbly prays this
Hon’ble Court to permit them to withdraw the
appeal. Hence, the above appeal may kindly be
dismissed as not pressed.
Hence, this memo and the same may be
kindly taken record to meet ends of justice.”
Submission and memo are taken on record.
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In view of the same, appeal is dismissed as not
pressed.
In of the disposal of the appeal, pending I.As does
not survive for consideration.
Sd/-
JUDGE
AC
List No.: 1 Sl No.: 36
