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2025 DAILYLAW 32905 (KAR)

SRI H P MOHAN v. SRI SUNDRESH

RSA/1839/2016 · 2025-04-15

Ashok S Kinagi

body2025

Judgment text

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- 1 - NC: 2025:KHC:15793 RSA No. 1839 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1839 OF 2016 (INJ) BETWEEN: SRI H P MOHAN S/O LATE PUTTE GOWDA, AGED ABOUT 60 YEARS, AGRICULTURIST, R/O HULKODU, HOSA AGRAHARA VILLAGE, MUTTUR HOBLI, THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT-577432 PRESENTLY R/AT H.N.191/1, 3RD CROSS, GOWRAMMA LAYOUT, CHANDAPURA, ANEKAL TALUK BENGALURU RURAL DISTRICT-560082 …APPELLANT (BY SRI. R VIJAYAKUMAR., ADVOCATE) AND: 1. SRI SUNDRESH S/O LATE SIDDAPPA GOWDA, AGED ABOUT 44 YEARS, 2. SRI. MAHESH S/O LATE SIDDAPPA GOWDA, AGED ABOUT 39 YEARS, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15793 RSA No. 1839 of 2016 3. SMT. PREMA @ PREMAMMA W/O LATE SIDDAPPA GOWDA, AGED ABOUT 64 YEARS ALL ARE AGRICULTURISTS, R/O HULKODU, HOSA AGRAHARA VILLAGE, MUTTUR HOBLI, THIRTHAHALLI TALUK SHIVAMOGGA-577432 …RESPONDENTS (BY SRI. U PANDURANGA NAIK, ADVOCATE FOR R1-R3) ------ THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.08.2016 PASSED IN RA NO.03/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., THIRTHAHALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.10.2014 PASSED IN OS NO.158/2012 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC., THITHAHALLI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI - 3 - NC: 2025:KHC:15793 RSA No. 1839 of 2016 ORAL JUDGMENT The appellant has filed a memo of even date, stating that, the Gram Panchayat, Basavani, Thirthhalli Tq. Shivamogga District by its order dated 7.7.2017, has directed the parties to the appeal to abide by its order. Accordingly, the appellant submits that, in view of the resolution of the Gram Panchayat, Basavani, Thirthhalli Tq. Shivamogga District, as the lis has been resolved, the appeal may be disposed of in the interest of justice. 2. Memo is placed on record. 3. As the Gram Panchayat has passed a resolution, the dispute between the parties to the appeal has been resolved. In view of the same, nothing survives for consideration in this appeal. Accordingly, the appeal is disposed of as having become redundant. - 4 - NC: 2025:KHC:15793 RSA No. 1839 of 2016 In view of the disposal of the appeal, I.A.1/2017 does not survive for consideration and is accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE rs