The High Court disposed of a regular second appeal filed by legal heirs regarding succession or partition, holding the matter settled out of court based on written submissions and affidavits from parties.
Memo and affidavits placed on record; appeal disposed of as settled out of court.
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 13TH DAY OF DECEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100586 OF 2020
BETWEEN:
SRI.HANAMANT S/O FAKIRAPPA PATROT @ PATAROT SINCE DECEASED BY HIS LRS.
AGE: 55 YEARS, OCC: HOUSEHOLD WORK R/O: WARD NO.13, SADUN GALLI TALUKA MUDHOL, MAHALINGAPUR BAGALKOT – 581 312.
1B. GEETA W/O MALLAPPA PATROT AGE: 37 YEARS, OCC: HOUSEHOLD WORK R/O: DEVARAJ NAGAR, AT/TERDAL JAMAKHANDI TERDAL BAGALKOT – 581 315.
W/O RAJENDRA PATROT AGE: 40 YEARS, OCC: HOUSEHOLD WORK R/O: WARD NO.13, SADUN GALLI TAL: MUDHOL, MAHALINGAPUR BAGALKOT – 581 312.
1D. PAKIRAPPA S/O HANANMANTH PATROT AGE: 31 YEARS, OCC: COOLIE
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R/O: WARD NO.13, SADUN GALLI TAL: MUDHOL, MAHALINGAPUR BAGALKOT – 581 312.
1E. NAGAPPA S/O HANAMANTH PATROT AGE: 28 YEARS, OCC: COOLIE R/O: WARD NO.13, SADUN GALLI TAL: MUDHOL, MAHALINGAPUR BAGALKOT – 581 312. …APPELLANTS
(BY SRI.SANGRAM S.KULKARNI., ADVOCATE)
AND:
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VIDYA NAGAR MAHALINGAPUR TAL: MUDHOL DIST: BAGALKOT. …RESPONDENTS
(BY SRI.RAVI S.BALIKAI., ADVOCATE FOR R1 TO R3; R4 DEAD)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 10.08.2020 PASSED BY THE LOWER APPELLATE COURT PRL. SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN R.A.NO.51/2019 AND THE JUDGMENT AND DECREE DATED 19.11.2019 PASSED BY THE TRIAL COURT ADDL. CIVIL JUDGE MUDHOL, IN O.S.NO.290/2015.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Sangram S.Kulkarni., learned counsel for
appellants 1(a) to (e) and Sri.Ravi S.Balikai., learned counsel for respondents 1 to 3 have appeared in person.
Counsel Sri.Ravi S.Balikai., submits that respondent No.4 - Sonavva has died leaving behind her two sons Sri.Hanamanth – appellant who died on 24.08.2022 and Kareppa – respondent No.1.
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Counsel Sri.Sangram S.Kulkarni., and Sri.Ravi
S.Balikai., jointly submits that the legal heirs of deceased respondent No.4 are already on record.
Submission is noted.
Learned counsel Sri.Sangram S.Kulkarni., further submits that a memo has been filed stating that the appellants 1(a) to (e) and respondents 1 to 3 have amicably settled the dispute outside the Court. Counsel submits that appellants 1(a) to (e) have affixed their thumb impression on the memo for withdrawal and also have sworn to an affidavit by affixing their thumb impression stating that the appeal may be disposed of as settled out of Court. Counsel therefore, submits that memo and affidavits may be placed on record and the appeal may be disposed of as settled out of Court.
Learned counsel Sri.Ravi S.Balikai., acknowledges the said submission.
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The submission made on behalf of the respective parties is placed on record.
Memo and affidavits are placed on record.
The Regular Second Appeal is disposed of as settled
out of Court.
Sd/JUDGE
TKN
1 provisions across 1 enactments
Sri. Hanamant S/o Fakirappa Patrot @ Patarot since deceased by his LRS
1A. A. Paravva W/o Hanamanth Patrot
1B. Geeta W/o Mallappa Patrot
1C. Parvati W/o Rajendra Patrot
1D. Pakirappa S/o Hanamanth Patrot
1E. Nagappa S/o Hanamanth Patrot
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
