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2025 DAILYLAW 24215 (KAR)

SRI. HANUMANTH NAIK v. SRI. BASAVARAJ NAIK

RFA/1778/2019 · 2025-03-25

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:12530 RFA No. 1778 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1778 OF 2019 (PAR) BETWEEN: SRI. HANUMANTH NAIK, S/O. LATE SAKRA NAIKA, AGED ABOUT 50 YEARS, EECHAGHATTA VILLAGE, LOKEKERE HOBLI, DAVANAGERE TALUK & DISTRICT- 577 001. …APPELLANT (BY SRI. NAIK N. R., ADVOCATE) AND: 1. SRI. BASAVARAJ NAIK S/O. LATE. SAKRA NAIKA, AGED ABOUT 41 YEARS, OCC.: AGRICULTURIST 2. SMT. SHANTHI BAI W/O LATE. SAKRA NAIKA, AGED ABOUT 88 YEARS, 3. SRI. SHIVAMURTHY NAIKA S/O. LATE SAKRA NAIKA AGED ABOUT 39 YEARS, ALL ARE RESIDING AT EECHAGHATTA VILLAGE, LOKEKERE HOBLI, DAVANAGERE TALUK & DISTRICT -577001. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12530 RFA No. 1778 of 2019 4. SMT. MANGALA BAI W/O SRI. NAGARAJ NAIK, D/O. LATE. SAKRA NAIKA, AGED ABOUT 51 YEARS, 5. SMT. GEETHA BAI W/O SRI. VIJAYA, D/O LATE. SAKRA NAIKA, AGED ABOUT 43 YEARS, 6. SMT. PUSHPAVATHI W/O SRI. S. HANUMANTHA NAIK, AGED ABOUT 44 YEARS, RESPONDENT NO. 4 TO 6 ARE RESIDING AT : EECHAGHATTA VILLAGE, LOKIKERE HOBLI, DAVANAGERE TALUK & DISTRICT -577 001. …RESPONDENTS (BY SRI. SANTHOSH R. NELKUDRI, ADVOCATE FOR R1 TO R3; R4 TO R6 ARE SERVED BUT UNREPRESENTED) THIS RFA FILED UNDER SEC.96 OF CPC., PRAYING TO AGAINST THE JUDGMENT AND DECREE DATD 28.01.2019 PASSED IN OS.NO.170/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., DAVANAGERE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:12530 RFA No. 1778 of 2019 ORAL JUDGMENT Learned counsel for respondent Nos.1 to 3 has filed a memo which reads as under: MEMO It is submitted that the parties to the lis have settled the matter in F.D.P.No.10/2019 on the file of II Additional Senior Civil Judge and JMFC, Davanagere on 15.12.2020. Hence, above appeal does not survive for consideration. Hence, appeal may be disposed off as settled before the Court in the ends of justice. 2. The aforesaid memo is placed on record. 3. Accordingly, the appeal is disposed of in terms of the memo. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 6