- 1 - NC: 2025:KHC-D:2420-DB RFA No. 100270 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO.100270 OF 2023 (DEC/POS) BETWEEN: 1. SHRI. SHANKAR S/O BHIMAPPA MUGALKHOD AGE: 64 YEARS OCC: AGRICULTURE & GOVT. TEACHER R/O: GURLAPUR, TALUKA: MUDALAGI DISTRICT: BELAGAVI-591312. 2. SMT. DRAKSHAYANI W/O SHANKAR MUGALKHOD AGE: 60 YEARS, OCC: AGRICULTURE R/O: GURLAPUR, TALUKA: MUDALAGI DISTRICT: BELAGAVI-591312. …APPELLANTS (BY SRI. SANJAY S. KATAGERI, ADV) AND: 1. SMT. SHANTADEVI W/O BASAPPA DANDIN AGE: 32 YEARS, OCC: AGRICULTURE R/O: BETAGERI, TALUKA: GOKAK DISTRICT: BELAGAVI- 591233. 2. SMT. USHADEVI W/O ANIL CHOUGALA AGE: 28 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK R/O: GHATAPRABHA, TALUKA: GOKAK DISTRICT: BELAGAVI-591306. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.03.01 11:10:26 +0530 - 2 - NC: 2025:KHC-D:2420-DB RFA No. 100270 of 2023 3. THE STATE OF KARNATAKA R/BY DEPUTY COMMISSIONER, BELAGAVI DISTRICT: BELAGAVI-590001. 4. THE D.D.P.I, CHIKKODI TALUKA: CHIKKODI DISTRICT: BELAGAVI-591201. 5. THE BLOCK EDUCATIONAL OFFICER MUDALAGI, TALUKA: MUDALAGI DISTRICT: BELAGAVI-591312. 6. THE HEAD MASTER, GOVT. HIGHER PRIMARY MODERN SCHOOL GURLAPUR, TALUKA: MUDALAGI DISTRICT: BELAGAVI-591312. …RESPONDENTS (BY SRI. BAHUBALI N. KANABARAGI, ADV FOR C/R1 & R2, SRI. P.N. HATTI, HCGP FOR R3, R4 & R5, NOTICE TO R2 & R6 ARE UNSERVED, DUE TO INSUFFICIENT OF ADDRESS) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.02.2023 PASSED IN O.S.NO.157/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, GOKAK, PARTLY DECREEING THE SUIT FILED FOR DECLARATION, PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE 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:2420-DB RFA No. 100270 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This regular first appeal is filed by the appellants i.e., defendant Nos.1 and 2 before the trial Court, challenging the judgment and preliminary decree in O.S.No.157/2021 dated 16.02.2023, passed by the learned Principal Senior Civil Judge, Gokak. 2. The appellants filed I.A.1/2025, praying, to dismiss the appeal as withdrawn in view of the settlement of the matter in between the appellants and the respondents, in FDP No.23/2023, by allowing the application. In support of the application, appellant No.1 filed an affidavit stating that the appellants aggrieved by the judgment and preliminary decree passed in O.S. No.157/2021, filed this appeal and in the meanwhile, the plaintiffs/respondents have filed FDP No.23/2023, before the trial Court, and the parties have filed a compromise petition in FDP No.23/2023. The compromise petition was accepted and final decree was drawn. In view of the - 4 - NC: 2025:KHC-D:2420-DB RFA No. 100270 of 2023 same, the appellants may be permitted to withdrawn the appeal. 3. Heard and perused the records. As the parties have settled the matter in FDP No.23/2023, nothing survives for consideration in this appeal. The appeal is dismissed as withdrawn. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE kmv CT: BSB