First class Regular First Appeal dismissed as infructuous after counsel filed a memo stating that respondents executed a release deed in favour of the appellants during the appeal's pendency, rendering the appeal no longer viable.
Appeal dismissed as infructuous.
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.
RFA No.632/2007
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR FIRST APPEAL NO.632/2007 (PAR/DEC)
BETWEEN:
Digitally signed by J MAMATHA J Location: MAMATHA Dharwad Date: 2022.08.25 10:31:17 +0530
S/O DODDAHASANSAB MALAGI,
AGED 42 YEARS, OCC:AGRICULTURIST, R/O SINGANAHALLI TALUK AND DISTRICT DHARWAD-580 001.
RFA No.632/2007
AGED 38 YEARS, OCC:AGRICULTURIST, R/O SINGANAHALLI TALUK AND DISTRICT DHARWAD-580 001.
…APPELLANTS
(BY SRI SATISH S. RAICHUR, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI S.M. KALWAD, ADVOCATE FOR R-1,
R-2 DECEASED; R-3 SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 18.01.2007 PASSED IN OS.NO.25/1998 ON THE FILE OF THE II ADDL.CIVIL JUDGE (SR.DN.) DHARWAD, DECREEING THE SUIT FOR PARTITION AND DECLARATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING.
RFA No.632/2007
J U D G M E N T
The learned counsel for the appellants has filed a memo for withdrawal of the appeal stating that respondent No.1 and others have executed a registered release deed in favour of appellant No.1 during the pendency of the present appeal and under the circumstances, the present appeal does not survive for consideration.
(Sd/-) JUDGE
MD
IMAMSAB AND OTHERS
DADEBI AND OTHERS
THE HON'BLE MR. JUSTICE H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
