The High Court of Karnataka dismissed an appeal filed under Section 100 of the CPC as withdrawn. The appellant and respondent had compromised their dispute at a Lok Adalath, leading to the reversal of the impugned judgment and decree.
The appeal is dismissed as withdrawn. Court fee is to be refunded.
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.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 14TH DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR.JUSTICE B.A.PATIL
R.S.A.NO.5747 OF 2012 (S.P.)
BETWEEN
SUSHILA @ FAKIRAVVA W/O GURAPPA YADDONI, AGE: 58 YEARS, OCC: HOUSEWIFE, R/O: RON, TQ: RON, DIST: GADAG, PIN – 580003.
... APPELLANT
(BY SRI. K. L. PATIL, ADVOCATE)
AND
NINGAPPA S/O CHANNABASAPPA KANKANAMELI, AGE: 52 YEARS, OCC: BUSINESS, R/O: BAGALKOT, PIN-560006.
... RESPONDENT
(BY SRI. R. K. KADIBAGIL & SMT. SUCHITRA R. K. ADVOCATES)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 18.04.2012 PASSED IN R.A.NO.36/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, RON, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DATED 05.10.2009 AND THE DECREE PASSED IN O.S.NO.33/2007 ON THE FILE OF THE CIVIL
: 2 :
JUDGE (JR.DN.), RON, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a
memo seeking withdrawal of the present appeal.
the respondent had filed Execution No.2/2018 and in the said case appellant and the respondent have got compromised the dispute between them before the Lok Adalath held on 21.03.2018 and in view of the said compromise, the judgment and decree dated 03.10.2009 in O.S.No.33/2007 passed by the Civil Judge (Jr.Dn) came to be set aside. As such, the present appeal becomes infructuous and it may be dismissed as withdrawn.
: 3 :
3. Said memo is placed on record.
as withdrawn.
accordance with law.
Sd/JUDGE
yan
1 provisions across 1 enactments
Sushila @ Fakiravva W/o Gurappa Yadmoni
Ningappa S/o Channabasappa Kankanameili
B.A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
