On 4 July 2024, the High Court of Karnataka at Dharwad Bench dismissed a Regular Second Appeal as not pressed because the parties settled their dispute amicably. Pending applications were also dismissed.
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.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 100097 OF 2014 (INJ-)
BETWEEN:
SHIVAYOGI S/O KANTHAYYA TEGGINMATH AGE: 49 YEARS, OCC: TRADE R/O. BETGERI, TQ & DIST: GADAG-582102.
…APPELLANT (BY SRI NAGARAJ J. APPANNAVAR, ADVOCATE)(NOC OBTAINED)
AND:
JAGADISH S/O CHANDRASHEKARAPPA SHIROL, AGE: 57 YEARS, OCC: MEDICAL PRACTITIONER, R/O. GADAG, DR. J.C.SHIROL HOSPITAL, NEAR MALEKOPPAMATH BUILDING, GADAG-582102.
…RESPONDENT
Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
(BY SRI B.M.AMARANNAVAR, SRI K.S.KORISHETTAR & S.M.KALWAD, ADVOCATE)(NOC OBTAINED) SRI ARAVIND D. KULKARNI, ADVOCATE)
THIS RSA IS FILED U/S.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG DATED 10.12.2013 IN R.A.NO.25/2012 REVERSING THE JUDGMENT AND DECREE PASSED BY THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG IN O.S.NO.78/2007 DATED 29.02.2012 AND ALLOW THE APPEAL WITH COSTS.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC-D:9145 RSA No. 100097 of 2014
JUDGMENT
Learned counsel for the appellant has filed a memo for withdrawal which reads as follows:
The Appellant respectfully submits as under:
1. That, the Appellant has filed the above Regular Second Appeal challenging the Judgment and Decree passed by the Court of the Addl. District and Sessions Judge, Gadag dated:10/12/2013 in R.A No.25/2012 reversing the Judgment and Decree passed by the Court of the Addl. Senior Civil Judge, Gadag in O.S No.78/2007 dated:29/02/2012.
2. It is submitted that, appellant and respondent are made alternative arrangements and settled their disputes amicably with the intervention of the elders of the village. Further both the parties are withdrawing the cases pending before the court of Addl Senior Civil Judge Gadag in Execution No:21/2018 and RA No.:1/2018, RA No:04/2018 pending before the Court of Prl. Family Court Gadag.
Wherefore , the Appellant prayed that, this Hon’ble Court may kindly be permitted the Appellant to withdraw the above Regular Second Appeal as not pressed, in the interest of justice and equity.
In view of the aforementioned, the appeal is
dismissed as not pressed.
In view of dismissal of the above appeal, pending I.A’s, if any, are also dismissed as they do not survive for
consideration.
Sd/JUDGE
PMP CT:GSM List No.: 2 Sl No.: 10
SHIVAYOGI S/O KANTHAYYA TEGGINMATH
JAGADISH S/O CHANDRASHEKARAPPA SHIROL
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
