- 1 - HC-KAR NC: 2025:KHC-D:7257-DB RFA No. 100239 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JUNE 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 100239 OF 2019 (PAR/POS) BETWEEN: SRI. ARUN KUMAR S/O. LATE R.NANJUNDA RAO AGE: 62 YEARS, OCC: BUSINESS, R/O. DOOR NO.86, 2ND CROSS, SATYANARAYAPET, BALLARI. …APPELLANT (BY SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADVOCATES) AND: 1. SRI. R.N.JAGANNATHA RAO S/O. LATE R.NANJUNDA RAO, AGE: 58 YEARS, OCC: NOT KNOWN, R/O: DOOR NO.84, 2ND CROSS, SATYANARAYANPET, BALLARI. Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.06.04 14:18:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7257-DB RFA No. 100239 of 2019 2. SMT. VIMALA W/O. LATE SRI. R.MANOHAR AGE: 63 YEARS, OCC: NOT KNOWN, R/O: DOOR NO.86, 2ND CROSS, SATYANARAYANPET, BALLARI. 3. SMT. BHUVANESHWARI W/O. SRI. G.UMA MAHESHWAR RAO, AGE: 58 YEARS, OCC: NOT KNOWN, R/O: 86, 2ND CROSS, SATYANARAYANPET, BALLARI. 4. SMT. R.SURYA KUMARI W/O. A.MOHAN AGE: 55 YEARS, OCC: NOT KNOWN, R/O: 86, 2ND CROSS, SATYANARAYANPET, BALLARI. …RESPONDENTS (NOTICE TO RESPONDENTS ARE SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.01.2018 PASSED IN O.S.NO.172/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE BALLARI PARTLY DECREEING THE SUIT FILED FOR PARTITION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7257-DB RFA No. 100239 of 2019 CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) Learned counsel for appellant submits that the parties have reported a compromise. However, he is not sure as to whether such a compromise is reported in the final decree proceedings or outside the court. In view of the above submission, the appeal has become infructuous. Accordingly, the appeal is dismissed as having become infructuous. However, the parties are at liberty to seek restoration of this appeal if the parties have not settled the dispute. Sd/- (R.NATARAJ) JUDGE Sd/- (RAJESH RAI K) JUDGE KMS, Ct:vh List No.: 1 Sl No.: 47