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2025 DAILYLAW 59093 (KAR)

PARSHAPPA v. JAYAPPA S/O NAGAPPA OMAKKANAVAR,

RSA/100429/2023 · 2025-07-11

M G S Kamal

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8607 RSA No. 100429 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100429 OF 2023 (DEC/INJ) BETWEEN: 1. PARSHAPPA S/O. ARJUNAPPA KAREBASANNAVAR, AGED ABOUT 57 YEARS, OCC: AGRICULTURE. 2. VEERAPPA S/O. ARJUNAPPA KAREBASANNAVAR, AGED ABOUT 52 YEARS, OCC: AGRICULTURE. 3. RAMACHANDRAPPA @ RAMACHADRA S/O. SAHADEVAPPA KAREBASANNAVAR, AGE: 71 YEARS, OCC: RETD. TEACHER, ALL ARE R/O: VEERAPUR VILLAGE, TQ: HANGAL, DIST: HAVERI – 581 210. …APPELLANTS (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: 1. JAYAPPA S/O. NAGAPPA OMAKKANAVAR, AGE: 71 YEARS, OCC: AGRICULTURE. 2. NEMANNA S/O. NAGAPPA OMAKKANAVAR, AGE: 61 YEARS, OCC: AGRICULTURE. 3. CHANDRAPPA S/O. NAGAPPA OMAKKANAVAR, AGE: 53 YEARS, OCC. AGRICULTURE. 4. SMT. KUSUMAVVA W/O. CHANDRAPPA MAREMMANAVAR, AGE: 73 YEARS, OCC: HOUSEHOLD. 5. SMT. SHEKAVVA W/O. PARSHAPPA KAREBASANNAVAR, AGE: 52 YEARS, OCC: HOUSEHOLD, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8607 RSA No. 100429 of 2023 RESPONDENT NO.1 TO 5 ARE R/O: VEERAPUR, HANAGAL TQ, DIST: HAVERI – 581 210. 6. SMT. SUNDRAVVA W/O. MANOJ JAINAR, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: ADNUR, NAVALGUND TQ, DIST: DHARWAD – 582 208. 7. SMT. IDRAVVA W/O. NAGAPA JAGGANNANAVAR, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O: MANTAGANI, SAVANUR TQ, DIST: HAVERI – 581 112. 8. SMT. SHANTAVVA W/O. CHANDRGOUDA PATIL, AGE: 43 YEARS, OCC: HOUSEHOLD, R/O: IBRAHIMPUR, NAVALGUND, TQ: DHARWAD – 581 202. 9. JAYAPPA S/O. PADMAPPA HAVERI @ KALAPPANAVAR, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: KLASUR, TQ: SAVANUR, DIST: HAVERI – 581 112. 10. RAMESH S/O. PADMAPPA HAVERI @ KALAPPANAVAR, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: KALASUR, TQ: SAVANUR, DIST: HAVERI – 581 112. …RESPONDENTS (R1 TO R3 ARE SERVED; NOTICE TO R4 TO R10 ARE DISPENSED WITH) THIS REGULA SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO CALL FOR THE TRIAL COURT RECORDS, PERUSE THE SAME AND SET ASIDE THE JUDGMENT AND DECREE DATED 04.11.2022 PASSED BY THE LEANED I ADDITIONAL DISTRICT AND SESSIONS JUDGE HAVERI IN R.A.NO.189/2019 WHEREBY CONFIRING THE JUDGMENT AND DECREE DATED 09.10.2009 PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HANGAL IN O.S.NO.93/2018 (OLD NO.245/2013), AND CONSEQUENTLY DECREE THE SUIT OF THE APPELLANT,S IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8607 RSA No. 100429 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. Learned counsel for the appellants files a memo dated 11.07.2025 which reads as under: “In view of the amicable settlement between the parties, the above appeal does not survive for consideration and hence, the same may kindly be dismissed as not pressed”. 2. The memo is taken on record. 3. The appeal is dismissed as withdrawn. Sd/- (M.G.S. KAMAL) JUDGE VB/CT-ASC List No.: 1 Sl No.: 2