The High Court of Karnataka dismissed the regular second appeal as withdrawn by the appellant after amicable settlement of the underlying property dispute between the parties. Pending applications were also dismissed.
Appeal dismissed as withdrawn; pending injunctions and miscellaneous applications dismissed.
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NC: 2023:KHC:20317 RSA No. 1477 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR SECOND APPEAL NO. 1477 OF 2011 (DEC/INJ)
BETWEEN:
M.M. RAJEGOWDA S/O LATE MARIGOWDA, AGED ABOUT 54 YEARS, R/O MACHAGOWDANAHALLI GRAMA, HALLY MYSORE HOBLI, HOLENARASIPURA TALUK-573211.
…APPELLANT
(BY SRI. SYED AKBAR PASHA, ADVOCATE FOR SRI. MAHANTESH S HOSMATH, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
D/O THIMMEGOWDA, AGED ABOUT 52 YEARS, R/O KAGGERE GRAMA, K.R. NAGARA TALUK-571602.
…RESPONDENTS
(BY SRI. SUNEEL S NARAYAN.,ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.04.2011 PASSED IN R.A.NO.74/2011 ON THE FILE OF THE FAST TRACK COURT AND ADDITIONAL DISTRICT JUDGE, HOLENARASIPURA, DISMISSING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
NC: 2023:KHC:20317 RSA No. 1477 of 2011
20.01.2011 PASSED IN O.S.NO.85/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., HOLENARASIPURA.
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 appeal.
The memo reads thus:-
"That the appellant most respectfully submits to this Hon'ble Court, that the appellant and the respondents have settled their dispute amicably with the intervention of the elders in the family, wherein the appellant/plaintiff had retained item no.1 to 6 & item no. 8 property and in Item no.7, 1 acre out 4 acres of the land. And the respondent has taken remaining 3 acres in Item No.7, hence in view of the settlement the FDP filed before the Senior Civil Judge & JMFC Holenarispura in OS No.147/2022 is closed in terms of compromise on 10-04-2023, hence the above appeal before this Hon'ble Court does not survive for consideration, hence the appellant most respectfully prays to this Hon'ble Court may kindly be please to allow the appellant to withdraw the same in the interest of justice and equity. The copy of the Final Decree and the
compromise petition is herewith annexed with this Memo for kind perusal of this Hon'ble Court."
In view of the memo, this appeal is dismissed as
withdrawn.
In view of dismissal of the appeal as withdrawn, pending I.As. and Miscellaneous applications also stand dismissed.
Sd/JUDGE
PMR List No.: 1 Sl No.: 9
M.M. RAJEGOWDA
KALAMMA
MUTHAMMA
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
