2024:KHC-D:17940 RSA No. 100719 of 2023 IN…
Withdrawal of appeal allowed. Appeal dismissed as withdrawn. Liberty reserved to revive appeal if settlement fails.
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 6TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR SECOND APPEAL NO. 100719 OF 2023 (PAR/POS-)
BETWEEN:
SMT. VANAMALA W/O. ABASAHEB JADHAV, SINCE DECEASED BY HER LRS
GIRIJA A BYAHATTI
Location: HIGH COURT OF KARNATAKA
…APPELLANTS (BY SMT. SURABHI RAVINDRA KULKARNI, SRI. CHETAN MUNNOLI, SRI.RAGUVEER R. SATTIGERI AND SRI. LOKESH HEGDE; ADVOCATES)
AND:
SMT. VITHABAI W/O. ANANTRAO JADHAV, AGE: 75 YEARS, OCC: HOUSEHOLD WORK, R/O: DEREMAL TAL: ATHANI, DIST: BELAGAVI-591304.
…RESPONDENT
(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)
THIS RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR LOWER COURTS RECORDS AND ALLOW THIS REGULAR SECOND APPEAL WITH COSTS THROUGHOUT BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.03.2023 IN R.A. NO. 114/2011 ON THE FILE OF COURT OF VII ADDITIONAL DISTRICT JUDGE, BELAGAVI, SITTING AT CHIKKODI AND THE JUDGMENT AND DECREE DATED 28.02.2011 IN O.S.NO. 95/1998 ON THE FILE OF SENIOR CIVIL JUDGE, ATHANI AND DISMISS THE SUIT IN ENTIRETY, IN THE INTERESTS OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
I.A.No.2/2024 is filed seeking leave of the Court to
withdraw the appeal in anticipation of settlement before
the Lok-Adalat in E.P.No.189/2023.
For the cause shown, the application is allowed.
The appeal is dismissed as withdrawn. However, the
liberty is reserved to the appellants to move the application and to revive the appeal in case the matter is not settled.
Sd/(ANANT RAMANATH HEGDE) JUDGE
RKM CT:ANB List No.: 1 Sl No.: 23
Shri. Abasaheb S/O. Ganpatirao Jadhav
Girija A. Byahatti
Shri. Avinash S/O. Abasaheb Jadhav
Shri. Sandeep S/O. Abasaheb Jadhav
Smt. Sandhya W/O. Pandurang Shinde
Smt. Vidya W/O. Khandu Shinde
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
