Dismissed

Sri. Sadashiva S/O. Appu Saradar v. Sri. Dhulappa S/O. Annappa Khot

Karnataka HC18 Jul 2024RSA/100242/2024

Case brief

AI extract

What is this about?

Second appeal over rights in suit properties. Appellants filed a memo stating the parties amicably settled the dispute by an MoU under which appellants would receive a sum in lieu of their rights in the suit properties, and sought leave to withdraw the appeal as settled out of court. The court dismissed the appeal as settled out of court.

What the court decided

AI extract

Sri. Sadashiva S/O. Appu Saradar Vs Sri. Dhulappa S/O… — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC-D:9963 RSA No. 100242 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR SECOND APPEAL NO. 100242 OF 2024 (INJ-)

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BETWEEN:

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SRI. SADASHIVA S/O APPU SARADAR SINCE DECEASED BY HIS LRS

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SMT. SUMAN W/O. SADASHIVA SARADAR AGED ABOUT 60 YEARS, OCC. HOUSEHOLD AND AGRICULTURE,

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SRI. VILAS S/O. SADASHIVA SARADAR, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, BOTH R/O. SHIVAPURWADI HAMLET OF KUNNUR, TQ. NIPPANI, DIST. BELAGAVI, PIN-591215

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…APPELLANTS

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(BY SRI RAMACHANDRA A. MALI, ADVOCATE)

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AND:

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SRI. DHULAPPA S/O. ANNAPPA KHOT AGED ABOUT 50 YEARS, OCC. AGRICULTURE AND BUSINESS,

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Digitally signed by SAROJA HANGARAKI

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD

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SRI. MALLAPPA S/O. ANNAPPA KHOT AGED ABOUT 45 YEARS, OCC. AGRICULTURE AND BUSINESS,

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BOTH R/O. SHIVAPURWADI HAMLET OF KUNNUR, TQ. CHIKODI, DIST. BELAGAVI, PIN-591215. NOW AT NIPANI, TQ: NIPANI, DIST: BELAGAVI.

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…RESPONDENTS

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(BY SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR C/R1)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.10.2023 MADE IN R.A.NO.13/2023 (OLD R.A.NO.23/2020) PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, NIPPANI, SETTING ASIDE THE JUDGMENT AND DECREE DATED 29.02.2020 MADE IN O.S.NO.271/2010 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, CHIKODI, AS THE SAME BEING ERRONEOUS AND NOT SUSTAINABLE IN LAW.

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NC: 2024:KHC-D:9963 RSA No. 100242 of 2024

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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ORDER

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The learned counsel for the appellants and the learned counsel for the caveator respondent No.1 present.

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The learned counsel for the appellants has filed a memo for withdrawal which reads as follows:

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‘‘ MEMO FOR WITHDRAWAL

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That the appellants above named submit as under:

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The Appellants herein have amicably settled the dispute with regard to the subject matter of this appeal with the respondents herein and pursuant to the amicable settlement arrived at, the parties have executed a Memorandum of Understating/ settlement agreement whereunder the appellants have agreed to receive certain sum from the respondents in lieu of their rights in the suit properties. Copy of the said MoU/ Settlement agreement is enclosed herewith. Hence the appellants crave the leave of this Hon’ble Court to withdraw the above appeal as settled out of court.

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3 - NC: 2024:KHC-D:9963 RSA No. 100242 of 2024

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Hence the above appeal be disposed/ dismissed as settled of court in the interest of justice and equity.’’

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In view of the same, the above appeal is dismissed as

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settled out of Court.

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Sd/JUDGE

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PJ CT:GSM List No.: 1 Sl No.: 14

Sri. Sadashiva S/O. Appu Saradar v. Sri. Dhulappa S/O. Annappa Khot

Case brief

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What the court decided

Sri. Sadashiva S/O. Appu Saradar v. Sri. Dhulappa S/O. Annappa Khot

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