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High Court of Karnataka · body

2025 DAILYLAW 61861 (KAR)

SHRI. PUNDALIK S/O DHANU PATIL v. SHRI. KLALLAPPA S/O DHANU PATIL

RSA/100218/2018 · 2025-10-23

C M Joshi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:14165 RSA No. 100218 of 2018 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100218 OF 2018 (PAR) BETWEEN: SHRI PUNDALIK S/O. DHANU PATIL, AGED ABOUT 67 YEARS, OCC. AGRICULTURE, R/AT. ASTE, TQ. AND DIST. BELAGAVI-590001. …APPELLANT (BY SRI. MRUTYUNJAYA TATA BANGI, ADVOCATE) AND: 1. SHRI KLALLAPPA S/O. DHANU PATIL, AGED ABOUT 62 YEARS, OCC. AGRICULTURE AND MASON, R/AT. ASTE, TQ. AND DIST. BELAGAVI-590001. 2. SHRI MARUTI S/O. DHANU PATIL, AGED ABOUT 62 YEARS, OCC. MANSON, R/AT. ASTE, TQ. AND DIST. BELAGAVI-590001. 3. SHRI YELLAPPA S/O. DHANU PATIL, AGED ABOUT 59 YEARS, OCC. MANSON, R/AT. ASTE, TQ. AND DIST. BELAGAVI-590001. 4. SMT. SUSHILA W/O. MARUTI NILAJKAR, AGED ABOUT 62 YEARS, OCC. HOUSEHOLD, R/AT. ASTE, CHANDAGAD, TQ. AND DIST: BELAGAVI-590001. …RESPONDENTS (BY SRI. U.H. RAJAPUT, ADVOCATE FOR R1; SRI. CHETAN T. LIMBIKAI, ADVOCATE FOR R2 TO R4) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN IV ADDL. SENIOR CIVIL JUDGE, BELAGAVI PASSED IN R.A.NO.107/2016 DATED 23.09.2017 AND THE JUDGMENT AND DECREE PASSED BY THE PRL. CIVIL JUDGE AND JMFC, BELAGAVI, PASSED IN O.S.NO.807/2013 DATED 22.08.2016 AND DISMISS THE SUIT BY ALLOWING THE PRESENT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.24 14:17:07 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14165 RSA No. 100218 of 2018 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) It is submitted by the learned counsel for the appellant that the final decree proceedings arising out of the impugned judgment in O.S.No.807/2013 has been disposed of by way of compromise between the parties. In view of the said submission, the present appeal is redundant and as such, the appeal is dismissed as withdrawn. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 24