- 1 - NC: 2025:KHC-K:2223 RSA No. 200265 of 2018 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO.200265 OF 2018 (DEC/INJ) BETWEEN: ABDUL RAZZAK S/O ABDUL AZIZ AGE: 65 YEARS, OCC: AGRICULTURE, R/O: H NO 4-1-93, NOOR KHAN TALEEM BIDAR – 585 401. …APPELLANT (BY SRI RAVI B. PATIL, ADVOCATE) AND: 1. M.A.GAFFAR S/O M.A.NABI AGE: 55 YEARS, OCC: AGRICULTURE, 2. MD. ISMAIL S/O M.A.NABI AGE: 51 YEARS, OCC: BUSINESS, 3. ABDUL MANNAN S/O ABDUL AZIZ, AGE: 58 YEARS, OCC: AGRICULTURE, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2223 RSA No. 200265 of 2018 R/O: RAJABAGH, OPP: KARNATAKA COLLEGE BIDAR – 585 401. 4. ABDUL KHADEER S/O ABDUL AZIZ, AGE: 62 YEARS, OCC: AGRICULTURE, 5. ABDUL HAFEEZ S/O LATE ABDUL AZIZ, AGE: 55 YEARS, OCC: AGRICULTURE, 6. KHAIRUNNISA BEGUM W/O MD. KHALEEL AHMED AGE: 72 YEARS, OCC: HOUSEHOLD R/O: PATALNAGRI GOLEKHANA, BIDAR – 585 401. R1, R2, R4 & R5 ARE R/O: NEAR MAMTAZ FUNCTION HALL, NOORKHAN TALEEM BIDAR – 585 401. …RESPONDENTS (BY SRI K.M. GHATE, ADVOCATE FOR C/R1 & R2; V/O DATED 09.01.2019 NOTICE TO R5 IS DISPENSED WITH) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE FIRST APPELLANT COURT IN R.A.NO.16/2017 DATED 15.06.2018 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., AT BIDAR, THEREBY SET ASIDE THE JUDGMENT AND DECREE BY THE COURT OF PRINCIPAL CIVIL JUDGE AND J.M.F.C.,-II, BIDAR AND CONSEQUENTLY TO DECREE THE SUIT OF THE APPELLANT / PLAINTIFF IN ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-K:2223 RSA No. 200265 of 2018 THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the appellant submits that the appeal has become infructuous, in view of the settlement arrived at between the parties. The submission of the learned counsel for the appellant is placed on record. Accordingly, the petition is dismissed as having been rendered infructuous. Sd/- (ANANT RAMANATH HEGDE) JUDGE TMP List No.: 1 Sl No.: 7