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2025 DAILYLAW 3961 (KAR)

HARISH S/O. BASAVENNEPPA KOPPAD v. BASAVENNEPPA S/O.BASAPPA KOPPAD

RFA/100021/2020 · 2025-01-29

Ashok S Kinagi, Umesh M Adiga

Original Suitbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:1852-DB RFA No. 100021 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100021 OF 2020 (PAR/POS) BETWEEN: 1. HARISH S/O. BASAVENNEPPA KOPPAD, AGE: 28 YEARS, OCC: BUSINESS, R/O. VAISHARA GALLI, BYADGI, TQ: BYADGI, DIST: HAVERI-581112. 2. KUMARI SWETHA D/O.BASAVENNEPPA KOPPAD, AGE: 26 YEARS, OCC: HOUSEHOLD WORK, R/O. VAISHARA GALLI, BYADGI, TQ: BYADGI, DIST: HAVERI-581112. 3. SMT. PARAWWA W/O. BASAVENNEPPA KOPPAD, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O. VAISHARA GALLI, BYADGI, TQ: BYADGI, DIST: HAVERI-581112. …APPELLANTS (BY SRI. M. L. VANTI, ADVOCATE) AND: 1. BASAVENNEPPA S/O. BASAPPA KOPPAD, Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1852-DB RFA No. 100021 of 2020 AGE: 67 YEARS, OCC: AGRICULTURE, R/O. HALEPETE ONI, BYADGI, TQ: BYADGI, DIST: HAVERI-581112. 2. SMT. KAVITA W/O. RAJESH B. AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. SRI. GURUKRUPA, CHOUDESHWARI BADAVANE, 2ND CROSS, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI-58116. 3. GADIGEPPA S/O. BASAPPA KOPPAD, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. HALEPETE ONI, BYADGI, TQ: BYADGI, DIST: HAVERI-58112. …RESPONDENTS (BY SRI. VINAY S. KOUJALAGI, ADV. FOR R1 & R2; SRI. M. H. PATIL, ADV. FOR R3) THIS RFA IS FILED UNDER SEC.96 OF CPC, 1908, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 27-09-2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC BYADAGI, IN O.S. NO.16/2018, AND TO ALLOW THE PRESENT REGULAR FIRST APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - NC: 2025:KHC-D:1852-DB RFA No. 100021 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellants filed a memo for withdrawal wherein appellant No.1 signed on the memo for withdrawal. 2. It is stated that, with the intervention of the elders and well-wishers, the parties have settled their dispute amicably outside the Court. As per the settlement, respondent Nos.1 and 3 have agreed to partition the suit schedule properties, as per earlier oral family arrangements between all the family members. Hence, in view of the settlement, the appellants are not pressing the appeal, and the appeal may be disposed of as settled out of the Court. 3. The memo is placed on record. 4. Appellant No.1, respondent Nos.1 and 3 are present before the court. - 4 - NC: 2025:KHC-D:1852-DB RFA No. 100021 of 2020 5. Respondent Nos.1 and 3 submit no objection for accepting the memo for withdrawal. 6. Accordingly, the appeal is dismissed as withdrawn. In view of the dismissal of the appeal, I.A.No.1/2021 does not survive for consideration, and is accordingly disposed of. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE SKS ct-an List No.: 1 Sl No.: 9