- 1 - HC-KAR NC: 2025:KHC-D:8351 RSA No. 100065 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100065 OF 2024 (DEC/INJ) BETWEEN: 1. SMT. SHIVALINGAVVA W/O. GANGAPPA HANCHINAMANI, AGE: 83 YEARS, OCC: HOUSE HOLD WORK, R/O: CHANNAMMA GIRIYAL VILLAGE – 591 109, TAL: BAILHONGAL, DIST: BELAGAVI. 2. PAVANA D/O. ASHOK HANCHINAMANI, AGE: 43 YEARS, OCC: NIL WRONGLY SHOWN AS PVT WORK, R/O: CHANNAMMA GIRIYAL VILLAGE - 591 109, TAL: BAILHONGAL, DIST: BELAGAVI. …APPELLANTS (BY SMT. SHAILA BELLIKATTI, ADVOCATE) AND: 1. SMT. SHANTAVVA W/O. LATE ASHOK HANCHINAMANI, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: GANDHINAGAR DEEPAKGALLI, 3RD CROSS, BELAGAVI – 590 001, TQ AND DIST: BELAGAVI. 2. THE ASSISTANT COMMISSIONER, BIRTH JAND DEATH REGISTRAR, HDMC ZONAL-12, DHARWAD TALUKA, DHARWAD – 580 001. …RESPONDENTS (BY SMT. PRAFULLA NAIK AND SR. P.S.JADHAV, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SETTING ASIDE THE JUDGMENT AND DECREE IN DATED 29.11.2023 IN R.A.NO.33/2023 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8351 RSA No. 100065 of 2024 AND JMFC DHARWAD AT DHARWAD AND CONFIRM THE JUDGMENT AND DECREE DATED 17.04.2023 IN O.S.NO.40/2020 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND J.M.F.C DHARWAD AT DHARWAD AND BE PLEASED TO HOLD THAT THE PLAINTIFF IS NOT WIFE OF DECEASED ASHOK GANGAPPA HANCHINAMANI AND THE NAME OF PLAINTIFF CANNOT BE ENTERED IN COLUMN NO.7 OF DEATH EXTRACT OF ASHOK GANGAPPA HANCHINAMANI IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) Learned counsel for the appellants has filed a memo dated 01.07.2025 duly singed by the appellants, which reads as under: “Herein the memo of the appellants is as under: We the appellants 1.Smt. Shivalingavva W/o. Gangappa Hanchinamani 2. Pavana D/o. Ashok Hanchinamani submit that in view of intervention of elders there is every chance of compromise with respondent No.1 in Misc. No.2/2022 pending on the file of Senior Civil Judge, Bailhongal. Therefore we are not interest to proceed with present appeal and we may kindly be permitted to with the present appeal. Hence, this memo.” Sri. Smt. Prafulla Naik and Sri. P. S. Jadhav, learned counsel for respondent No.1 are present before this Court and does not dispute the same. - 3 - HC-KAR NC: 2025:KHC-D:8351 RSA No. 100065 of 2024 Memo is taken on record. In the light of memo, the appeal is dismissed as having become infructuous. Sd/- (M.G.S. KAMAL) JUDGE SMM / List No.: 1 Sl No.: 30