Regular Second Appeal where the appellant's counsel submitted that the parties had settled the dispute out of court. The court recorded the settlement memo and dismissed the appeal as withdrawn.
The Regular Second Appeal was dismissed as withdrawn.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 07TH DAY OF DECEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100413 OF 2014
BETWEEN:
BOTH ARE R/O: BILAGI NAGAR, MAYURI EXTN. KESHWAPUR, HUBLI DIST: DHARWAD – 580 023.
BOTH ARE REPRESENTED BY HIS GPA HOLDER NARAYAN LAXMANSA BASAVA AGE: 67 YEARS, OCC: BUSINESS, NOW R/O. PLOT NO. 125, 126, BILAGI NAGAR, MAYURI EXTENSION, KESHWAPUR, HUBLI. …APPELLANTS
(BY SRI.DINESH M.KULKARNI., ADVOCATE)
AND:
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… RESPONDENTS
(BY SRI.M.R.MULLA., ADVOCATE FOR R1; SRI.AHAMED ALI RAHIMANSHAH., AND SRI.M.R.MULLA., ADVOCATES FOR R2; SRI.A.G.JADHAV., ADVOCATE FOR R9; R3 TO R8 ARE SERVED AND UNREPRESENTED; NOTICE TO R10 IS HELD SUFFICIENT.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE ORDER PASSED BY THE II ADDL. CIVIL JUDGE (JR.DN.) AND II JMFC, HUBLI IN O.S.NO.451/2006 DATED 07.04.2007 ON PRELIMINARY ISSUE NO.9 IN REJECTING THE PLAINT INVOKING ORDER VII RULE 11(a)(d) OF C.P.C. AND JUDGMENT AND DECREE PASSED BY III ADDL. SENIOR CIVIL JUDGE, HUBLI, IN R.A.NO.77/2007 DATED 30.04.2014.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Sri.Dinesh M.Kulkarni., learned counsel for appellants
has appeared in person.
Counsel submits that a memo has been filed stating that the parties to the lis have settled the dispute out of Court. Hence, the appeal may be dismissed as withdrawn. Counsel therefore, submits that the memo may be placed on record and the Regular Second Appeal may be dismissed as withdrawn.
Submission is noted. Memo is placed on record.
The Regular Second Appeal is dismissed as
withdrawn.
Sd/JUDGE
TKN
BhojrajSonOfNarayansBasavaRajkumarSonOfNarayansBasava
HiralalSonOfRamkrishnasBasava
Jyoti Mulimani
As recorded by the court registry
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