The High Court of Karnataka dismissed the first appeal filed under Section 100 of CPC as the parties had amicably settled the matter in a compromise petition filed in the first appeal court.
Appeal dismissed on settlement of compromise petition FDP No.2/2017.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 22ND DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE B.A. PATIL
RSA NO.100223/2018 (PAR)
BETWEEN
ALL ARE RESIDENTS OF BUDNI P.M. TQ: MUDHOL, DIST: BAGALKOT
... APPELLANTS
(BY SRI.G.I. GACHCHINAMATH, ADVOCATE)
AND
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... RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 17.01.2018 PASSED IN RA NO.60/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.11.2015 PASSED IN OS NO.224/2008 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
ORDER
The learned counsel for the appellants has filed a memo dated 05.07.2018. In the said memo it has been stated that the matter has been settled amicably between the parties. The Compromise petition has been filed in FDP
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No.2/2017. Hence, learned counsel wants to withdraw the appeal.
The said memo has been placed on record and the appeal is dismissed as the said matter has been amicably settled in FDP No.2/2017.
Sd/JUDGE
HMB
Smt. Mallawwa w/o Hanamant Manigar and others
Smt. Gangawwa w/o Paramanand Kabbur and others
B.A. Patil
As recorded by the court registry
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