Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:38324 RSA No. 1100 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1100 OF 2024 (DEC/INJ) BETWEEN:
1.
SRI CHOWDAPPA S/O LATE PILLAPPA, AGED ABOUT 70 YEARS,
2.
SRI KRISHNAPPA S/O LATE PILLAPPA, AGED ABOUT 56 YEARS
BOTH ARE RESIDING AT CHAGALATTI VILLAGE, JALA HOBLI-562 149, BANGALORE NORTH TALUK …APPELLANTS (BY SRI V.F.KUMBAR, ADVOCATE) AND:
1.
SMT G SARVAMANGALA D/O LATE GIRIYAPPA ALIAS VENKATAGIRIYAPPA, W/O M SRINIVAS, AGED ABOUT 48 YEARS, R/AT GOBBARAGUNTE VILLAGE, KASABA HOBLI – 562 110, DEVANAHALLI TALUK
2.
SMT CHOWDAMMA D/O LATE PILLAPPA, W/O SEENAPPA, AGED ABOUT 53 YEARS, R/AT BAGALI HOSHALLI VILLAGE AND POST, KASABA HOBLI,
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:38324 RSA No. 1100 of 2024
KOLAR TALUK, KOLAR DISTRICT- 563101 …RESPONDENTS (BY SRI ONKARAPPA N D, ADVOCATE FOR R1;
R2 IS SERVED AND UNREPRESENTED)
THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGEMENT AND DECREE DATED 28.03.2024 PASSED IN R.A No.1/2024 ON THE FILE OF PRL. JUDGE, FAMILY COURT, CHIKKABALLAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.06.2023 PASSED IN O.S No.529/2012 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, CHIKKABALLAPURA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
After addressing the arguments for some time, Sri V.F.Kumbar, learned counsel for the appellants files a memo which reads as under:
“That the appellants submits as follows:
As another original suit bearing O.S.No.373/2012 is pending on the file of Senior Civil Judge and JMFC at Devanahalli for the relief of partition and the parties to this appeal have amicably settle the dispute between them and filing compromise petition in O.S.No.373/2012 and thus, under the circumstances, they are not interested to prosecute the above appeal and intend to withdraw the same.
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HC-KAR NC: 2025:KHC:38324 RSA No. 1100 of 2024
Wherefore, the appellants pray that, this Hon’ble Court be pleased to dismiss the appeal as withdrawn, in the interest of justice and equity.”
2. Memo is signed by the appellants and Sri V.F.Kumbar,
learned counsel for the appellants.
3. Sri N.D.Onkarappa, learned counsel for the respondent No.1 submits that he has no objection to accept the memo.
4. Placing the memo on record, appeal stands dismissed as withdrawn, with liberty as prayed for in the memo.
Sd/- (V SRISHANANDA) JUDGE
kcm List No.: 1 Sl No.: 66