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2025 DAILYLAW 9067 (KAR)

MALLESHAPPA S/O BASAPPA IDANAL AND ORS v. SMT LAXMI W/O VEERESH SAKRI AND ORS

MFA/200197/2020 · 2025-03-24

C M Joshi

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Judgment text

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- 1 - NC: 2025:KHC-K:1854 MFA No. 200197 of 2020 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200197 OF 2020 (CPC) BETWEEN: 1. MALLESHAPPA S/O BASAPPA IDANAL, AGE: 66 YEARS, OCC: BUSINESS, R/O OPP: BUS STAND, SRI VEEBHADRESHWARA AGRO KENDRA, LINGASUGUR, TQ. LINGAUSGUR, DIST. RAICHUR. 2. BASAVARAJ S/O MALLESHAPPA IDANAL, AGE: 43 YEARS, OCC: BUSINESS, R/O OPP: BUS STAND, SRI VEEBHADRESHWARA AGRO KENDRA, LINGASUGUR, TQ. LINGAUSGUR, DIST. RAICHUR. 3. AMRESH S/O MALLESHAPPA IDANAL, AGE: 41 YEARS, OCC: BUSINESS. R/O OPP: BUS STAND, SRI VEEBHADRESHWARA AGRO KENDRA, LINGASUGUR, TQ. LINGAUSGUR, DIST. RAICHUR. …APPELLANTS (BY SRI. SHIVANAND PATIL, ADVOCATE) AND: 1. SMT. LAXMI W/O VEERESH SAKRI, AGE: 31 YEARS, OCC: HOUSEHOLD, R/O DHARMAPURI LAY-OUT, SHRI NAGAR, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1854 MFA No. 200197 of 2020 HUBBALLI, DIST. DHARWAD-580 009. 2. KUM. YADUVEER S/O VEERESH SAKRI, AGE: 03 YEARS (MINOR), REPRESENTED BY HIS NATURAL MOTHER AND GAURDIAN SMT. LAXMI W/O VEERESH SAKRI, AGE: 31 YEARS, OCC: HOUSEHOLD, R/O DHARMAPURI LAY-OUT, SHRI NAGAR, HUBBALLI, DIST. DHARWAD-580 009. 3. AMARAPPA S/O SHARANAPPA SAKRI, AGE: 66 YEARS, OCC: BUSINESS AND AGRI., R/O OPP: BUS-STAND, SRI BASAWESHWARA AGRI KENDRA, LINGASUGUR, TQ. LINGASUGUR, DIST. RAICHUR-584 122. 4. SMT. SHANTA W/O ARVIND PATIL, AGE: 39 YEARS, OCC: HOUSEWIFE, R/O BASAVA COLONY, NEAR AGRI UNIVERSITY, DHARWAD-580 020. 5. VEERESH S/O AMARAPPA SAKRI, AGE: 35 YEARS, OCC: R/O # 82/B, CITY LIGHTS LIBERTY, BESIDES PRATHAM MOTORS, OPP: RMZ ECO SPACE, BELLANDUR, BANGALORE-01. 6. DR. RACHAPPA S/O GANGADHARAPPA BUDDINI, AGE: 44 YEARS, OCC: MEDICAL PRACTITIONER, R/O CHANNAMMA COMPLEX, OPP: WATER TANK, LINGASUGUR, TQ. LINGASUGURU, DIST. RAICHUR-584 122. …RESPONDENTS (R3 AND R6 ARE SERVED; V/O DTD. 20.01.2025, NOTICE TO R4 IS DISPENSED WITH; R2 IS MINOR R/BY R1) - 3 - NC: 2025:KHC-K:1854 MFA No. 200197 of 2020 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.01.2020 ON I.A.-9 IN O.S.NO.84/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT LINGASUGUR. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellant files memo that the original proceeding in O.S.No.84/2019 before the Senior Civil Judge & JMFC, Lingasugur has ended in a compromise and therefore, the present appeal would not survive for consideration. Hence, the appeal is dismissed as infructuous. Sd/- (C M JOSHI) JUDGE SMP List No.: 1 Sl No.: 4 CT: AK