Second appeal filed against a judgment and decree in a partition suit. Appellant filed a memo stating non-intention to proceed. Court dismissed the appeal as not pressed.
Appeal dismissed as not pressed. Pending applications disposed of.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
RSA NO.100206 OF 2017 (PAR)
BETWEEN:
KHADARSAB S/O. GUDUSAB HABBUNAVAR, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: MATTIKAL ONI, GAMANGATTI, TQ: HUBBALLI, DIST: DHARWAD-580025. (HOWEVER , SHOWN AS R/O. UNKAL, HUBLI IN PLAINT)
…APPELLANT
(BY SRI. VIJAY S. CHINIWAR, ADVOCATE)
AND:
HAZARATSAB S/O. GUDUSAB HABBUNAVAR, AGE: 78 YEARS, OCC: AGRICULTURE, R/O: UNKAL, HUBBALLI-580031, DIST: DHARWAD.
Digitally signed by VISHAL VISHAL NINGAPPA NINGAPPA PATTIHAL PATTIHAL Date: 2023.11.29 13:22:00 +0530
…RESPONDENT
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 18.07.2016 PASSED IN RA NO. 289/2010 ON THE FILE OF THE V ADDITIONAL DISTRICT JUDGE, DHARWAD, SITTING AT HUBBALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.10.2010 PASSED IN O.S.NO. 156/2003 ON JUDGE, HUBBALLI DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION AND PERMANENT INJUNCTION.
THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC-D:13870 RSA No. 100206 of 2017
JUDGMENT
Learned counsel appearing for the appellant submits that
the parties have resolved their dispute and the appellant does not intend to proceed with the appeal and files a memo to that effect.
“Herein, the appellant above named begs to submit by this memo as under:-
That the appellant does not intend to proceed with the matter.
Under these circumstances, the above case may please be disposed off as not pressed, in the interest of justice and equity.”
is dismissed as not pressed.
In view of the appeal having dismissed as not pressed, the
pending applications, if any, do not survive for consideration and the same are accordingly disposed of.
Sd/JUDGE
VNP / CT: UMD List No.: 2 Sl No.: 6
KHADARSAB S/O. GUDUSAB HABBUNAVAR
HAZARATSAB S/O. GUDUSAB HABBUNAVAR
K.S.HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
