In this RSA filed under CPC sections 100 and 101, the appellant sought to set aside a judgment and decree. The appeal was dismissed as withdrawn after the appellant filed a memo stating the dispute was settled out of court.
Appeal dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2018
BEFORE
THE HON’BLE MR. JUSTICE B.A. PATIL
R.S.A. NO.100371/2017 (PART & SEP.POSN)
BETWEEN:
SHRI. NANDKUMAR S/O. MALLAPPA MUCHANDIKAR AGE:42 YRS, OCC: AGRICULTURE R/O. H.NO.724, SIDDESHWAR GALLI PEERANWADI TAL & DIST. BELAGAVI-590 014
... APPELLANT
(BY SRI. Y. K. DIVATE, ADVOCATE)
AND:
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15C) SHRI.MALLAPPA S/O. YALLAPPA MUCHANDIKAR AGE: 56 YRS., OCC. AGRICULTURE R/O SIDDESHWAR GALLI, PEERANWADI TAL & DIST. BELAGAVI-590 014
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24A) SMT. LEELA W/O RAMACHANDRA MUCHANDIKAR AGE:58 YRS., OCC: HOUSEHOLD WORKS R/O. SIDDESHWAR GALLI, PEERANWADI TAL & DIST. BELAGAVI-590 014
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R/O SIDDESHWAR GALLI, PEERANWADI
TAL & DIST. BELAGAVI-590 014
S/O. RAMCHANDRA MUCHANDIKAR AGE: 41 YRS., OCC. AGRICULTURE R/O SIDDESHWAR GALLI, PEERANWADI TAL & DIST. BELAGAVI-590 014
S/O.RAMCHANDRA MUCHANDIKAR AGE: 32 YRS., OCC. AGRICULTURE R/O SIDDESHWAR GALLI, PEERANWADI TAL & DIST. BELAGAVI-590 014
25A) SMT. SHANTA W/O PARASHARAM MUCHANDIKAR AGE: 55 YRS., OCC. HOUSEHOLD WORKS R/O H.NO.18, RAMDEV GALLI, PEERANWADI TAL & DIST. BELAGAVI-590 014
S/O. PARASHARAM MUCHANDIKAR AGE: 45 YRS., OCC. AGRICULTURE R/O H.NO.18, RAMDEV GALLI, PEERANWADI, TAL & DIST. BELAGAVI-590 014.
W/O. SHANKAR DHAKALUCHE
AGE: 39 YRS., OCC. HOUSEHOLD WORKS R/O GANAPAT GALLI, ANGOL
TAL & DIST. BELAGAVI-590 016.
S/O. PARASHARAM MUCHANDIKAR
AGE: 35 YRS., OCC. AGRICULTURE R/O H.NO.18, RAMDEV GALLI, PEERANWADI TAL & DIST. BELAGAVI-590 014
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26A) SMT. SHANTABAI W/O BHOMANI MUCHANDIKAR AGE: 48 YRS, OCC. HOUSEHOLD WORKS R/O RAMDEV GALLI, PEERANWADI TAL & DIST. BELAGAVI-590 014.
26B) SHRI. YALLAPPA S/O. BHOMANI MUCHANDIKAR AGE: 31 YRS., OCC.MASON R/O. RAMDEV GALLI, PEERANWADI TA & DIST. BELAGAVI-590 014.
26C) SHRI. MANOHAR S/O. BHOMANI MUCHANDIKAR AGE: 29 YRS., OCC. PVT. SERVICE R/O RAMDEV GALLI, PEERANWADI TAL & DIST. BELAGAVI-590 014
28A) SMT. LAXMIBAI W/O SATERI MUCHANDIKAR AGE:73 YRS., OCC. HOUSEHOLD WORKS R/O: RAMDEV GALLI, PEERANWADI TAL & DIST. BELAGAVI-590 014.
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(THE RESPONDENT NO.41(B) IS A MINOR, HENCE HE IS REPRESENTED BY HIS NATURAL GUARDIAN MOTHER i.e., RESPONDENT NO.41(A)
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41C) KUM. MAYURI D/O. PARASHRAM MUCHANDIKAR (SINCE DECEASED REPRESENTED BY HER L.R’S HER MOTHER AND ONE BROTHER WHO ARE THE PRESENT RESPONDENTS NO.41(A) AND 41(B), SHE IS DELETED.)
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(BY SRI. SHARAD MALGOUND PATIL, ADVOCATE FOR C/R1) ---
THIS RSA IS FILED UNDER ORDER XLII R/W. SEC. 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 17TH DAY OF JANUARY 2017, PASSED IN R.A.NO.101/2014 BY THE II ADDL. SENIOR CIVIL JUDGE & C.J.M. , BELAGAVI AND JUDGMENT PASSED IN O.S.NO.1087/2008 BY THE COURT OF IV ADDL. CIVIL JUDGE AND J.M.F.C. BELAGAVI AND THEREBY DISMISS THE SUIT OF THE RESPONDENT NO.1 OR REMAND THE CASE FRO FRESH HEARING ON MERITS BY GIVING AN OPPORTUNITY TO LEAD EVIDENCE BY THE APPELLANT.
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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant has filed a memo dated 02.11.2018 praying this Court to dismiss the appeal. In the said memo, it is submitted that he is not intending to prosecute this appeal as the dispute pertaining to the subject matter of the appeal is settled out of the Court.
The said memo is placed on record.
The appeal is dismissed as withdrawn.
Sd/JUDGE
gab
1 provisions across 1 enactments
Shri. Nandkumar S/o. Mallappa Muchandikar
Shri. Parasharam S/o. Jayappa Muchandikar
Shri. Gangaram S/o. Mallappa Muchandikar
Shri. Piraji S/o. Mallappa Muchandikar
Shri. Vaijinath S/o Mallappa Muchandikar
Shri. Anand S/o. Ramu Muchandikar
B.A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
