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2025 DAILYLAW 59842 (KAR)

SANJEEV S/O SIDDAPPA YALIGAR v. SHIVAYOGI S/O GURUDISIDDAPPA BENNI,

RFA/100390/2017 · 2025-08-04

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9705 RFA No. 100390 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 04TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100390 OF 2017 (PAR-) BETWEEN: SANJEEV S/O SIDDAPPA YALIGAR AGE: 57 YEARS, OCC: BUSINESS, R/O: M.R. NAGAR, NO.4 MADIHAL, DHARWAD-580008. …APPELLANT (BY SRI N.B. JODALLI, ADV. FOR SRI ARUN L NEELOPANT, ADV.) AND: 1. SHIVAYOGI S/O GURUDISIDDAPPA BENNI, AGE: 50 YEARS, OCC: BUSINESS, R/O: M.R. NAGAR, NO.4, MADIHAL, DHARWAD-580008. 2. NARASIMHA S/O SIDDAPPA YALIGAR, AGE: 54 YEARS, OCC: BUSINESS, R/O: M.R. NAGAR, NO.4 MADIHAL, DHARWAD-580008. 3. CHIDAMBAR S/O SIDDAPPA YALIGAR AGE: 54 YEARS, OCC: BUSINESS, R/O: M.R. NAGAR, NO.4 MADIHAL, DHARWAD-580008. 4. WIRELESS TT INFO SERVICES LTD., AND AUTHORIZED SIGNATORY PRIMUS SJR PRIMUS 5TH FLOOR KORAMANGAL INDUSTRIAL LAYOUT, 7TH BLOCK, KORAMANGAL, BENGALURU-560034. …RESPONDENTS THIS RFA IS FILED U/SEC.96 OF CPC., PRAYING TO CALL FOR RECORDS IN O.S NO.13/2010 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE & CJM, DHARWAD AND TO SET ASIDE THE JUDGMENT AND DECREE DATED 25.02.2017 PASSED IN O.S NO.13/2010 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.05 15:31:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9705 RFA No. 100390 of 2017 IN SO FAR AS DECREEING THE SUIT OF THE PLAINTIFF AND NOT CONSIDERING AND GIVING FINDING ON THE COUNTER CLAIM OF APPELLANT/ DEFENDANTS NO.1 AND ALLOW THE COUNTER CLAIM OF THE APPELLANT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellant has filed a memo stating that the parties have settled the dispute before the Lok Adalath in F.D.P.No.9/2016 and hence, the appeal may be dispose as settled. The memo is placed on record. In view of the settlement between the parties, nothing survives for consideration in this appeal. Accordingly, the appeal is disposed of. In view of the disposal of the appeal, pending IA’s, if any, do not survive for consideration and are accordingly, disposed of. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 23