Regular second appeal in a succession matter was dismissed because the appellants informed the court that the parties had reached an amicable settlement, although they were unavailable to file a formal settlement memo.
The appeal was dismissed on the ground that the parties had amicably settled the matter.
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.
NC: 2024:KHC-D:8955 RSA No. 100562 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 100562 OF 2016 (DEC-)
BETWEEN:
Digitally signed by SAROJA HANGARAKI
Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
…APPELLANTS
(BY SRI D.T.HEBBAR & SRI VIJAYKUMAR HORATTI, ADVOCATES)
AND:
(ALL ARE RESIDENT OF BALERASHI, AMADALLI, KARWAR)
…RESPONDENTS
(BY SRI S.V.YAJI, ADVOCATE FOR R1-R3, R4 (A &B), R5, R6, R7(A TO D)
THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE PASSED BY THE PRINCIPAL CIVIL JUDGE, KARWAR IN O.S.NO.125/2001 DATED 21.07.2014 AND JUDGMENT AND DECREE PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE, KARWAR IN R.A.NO.19/2014 DATED 13.04.2016.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT PASSED THE FOLLOWING:
NC: 2024:KHC-D:8955 RSA No. 100562 of 2016
ORDER
Learned counsel for the appellants and learned
counsel for the respondents present.
“Learned counsel for the appellants and learned counsel for the respondents present.
Learned counsel for the appellants submits that on the request made by the appellants, he has returned the papers to the appellants. He further seeks for a short accommodation and submits that the notice of retirement would be issued and would be placed on record.
He further submits that he has instructions that the parties have reached an amicable settlement in the matter. He further submits that he would secure instructions and make his submissions on the next date of hearing.
As a final chance, reiterating the observations made in the order dated 29.05.2024, call on 02.07.2024.”
upon instructions that he has received, the parties have amicably settled the matter between the parties.
Sd/JUDGE
SH CT:GSM List No.: 1 Sl No.: 23
F.M. OMI W/O NARAYAN GOUDA and others
GIDDA GOVIND GOUDA
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
