- 1 - HC-KAR NC: 2025:KHC-D:9629 RSA No. 100248 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100248 OF 2021 (PAR/POS) BETWEEN: RAMAPPA KHANDOJIRAHUT MAHADEVAPPA KHANDOJIRAHUT, AGED 70 YEARS, OCC. AGRICULTURECULTURE, R/O. KOUJALAGI, TAL. GOKAK, DIST. BELAGAVI. …APPELLANT (BY SMT. BHARATHI G. BHAT, ADVOCATE) AND: 1. SMT. KASHAVVA @ LAXMI BABU HUNASHYAL AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O. LOLASUR, TAL. GOKAK, DIST. BELAGAVI. 2. SRI. LAXMAN MAHADEVAPPA KHANDOJIRAHUT AGED ABOUT 73YEARS, OCC. AGRICULTURE, R/O. KOUJALAGI, TAL. GOKAK, DIST. BELAGAVI. 3. SRI. KALLAPPA MAHADEVAPPA KHANDOJIRAHUT AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/O. KOUJALAGI, TAL. GOKAK, DIST. BELAGAVI. 4. SMT. YALLAWWA W/O. KALLAPPA KHANDOJIRAHUT Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.06 11:05:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9629 RSA No. 100248 of 2021 AGED ABOUT 33 YEARS, OCC. AGRICULTURE, R/O. KOUJALAGI, TAL. GOKAK, DIST. BELAGAVI. 5. SMT. BANAWWA W/O. NARAYAN NARITALI AGED ABOUT 33 YEARS, OCC. HOUSEHOLD WORK, R/O. NEAR VEERABHADRESHWAR TEMPLE, TAL. GOKAK, DIST. BELAGAVI. 6. SMT. MANJULA W/O. JYOTIBA KOTAGI AGED ABOUT 31 YEARS, OCC. H.H. WORK, R/O. HOSUR (GANESHWADI), TAL. GOKAK, DIST. BELAGAVI. 7. SMT. NIRMALA D/O. RAMACHANDRA TAHASILDAR AGED ABOUT 29 YEARS, OCC. H.H. WORK, R/O. KOUJALAGI, TAL. GOKAK, DIST. BELAGAVI. 8. SMT. BALAWWA W/O. SANTOSH JADHAV AGED ABOUT 31 YEARS, OCC. HOUSEHOLD WORK, R/O. SANKESHWAR HUKKERI MAIN ROAD, TAL. GOKAK, DIST. BELAGAVI. 9. SMT. SHILPA W/O. BASAVARAJ GHORPADE AGED ABOUT 27 YEARS, OCC. HOUSEHOLD WORK, R/O. KALLOLI, TAL. GOKAK, DIST. BELAGAVI. 10. SRI. SAGAR S/O. KHANDAPPA KHANDOJIRAHUT AGED ABOUT 24 YEARS, OCC. AGRICULTURE AND STUDYING, R/O. KOUJALAGI, TAL. GOKAK, DIST. BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:9629 RSA No. 100248 of 2021 11. SMT. RAJASHREE W/O. KHANDAPPA KHANDOJIRAHUT AGED ABOUT 39 YEARS, OCC. AGRICULTURE AND H.H. WORK, R/O. KOUJALAGI, TAL. GOKAK, DIST. BELAGAVI. 12. KUM. ROHIT S/O. KHANDAPPA KHANDOJIRAHUT AGED ABOUT 20 YEARS, OCC. EDUCATION, R/O. KOUJALAGI, TAL. GOKAK, DIST. BELAGAVI. 13. KUM. SAHANA D/O. KHANDAPPA KHANDOJIRAHUT AGED ABOUT 18 YEARS, OCC. EDUCATION, R/O. KOUJALAGI, TAL. GOKAK, DIST. BELAGAVI. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, ADVOCATE FOR R1; SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R9; NOTICE TO RESPONDENT NO.R6) THIS RSA FILED U/SEC.100 READ WITH ORDER XII RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 24.05.2021 PASSED IN R.A.NO.299/2018 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT GOKAK, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 05.11.2018 PASSED IN O.S. NO.68/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:9629 RSA No. 100248 of 2021 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Learned counsel for the appellant has filed a memo for disposal of the appeal. The memo reads as under: “MEMO FOR DISPOSAL The undersigned counsel appearing for the appellants hereby submits that as the matter s amicably settled between the parties before the Hon’ble Trial Court in O.S.No.280/2020 before the Hon’ble II Additional Senior Civil Judge Gokak, the same may be considered as such and the above appeal may be dismissed as not pressed, in the interest of justice and equity.” 2. Memo is taken on record. 3. In view of the memo and supporting submission, the regular second appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU/LIST NO.: 1 SL NO.: 7