Harish S/O. Basavenneppa Koppad v. Basavenneppa S/O.Basappa Koppad

Karnataka HC29 Jan 2025RFA/100021/2020

Case brief

AI extract

What is this about?

RFA No. 100021 of 2020; NC: 2025:KHC-D:1852-DB; High Court of Karnataka, Dharwad Bench; Section 96 CPC; withdrawal of first appeal; memo for withdrawal; amicable out-of-court settlement; elders and well-wishers intervention; oral family arrangements; partition of suit schedule properties; O.S. No.16/2018; Senior Civil Judge and JMFC Byadagi; Byadgi; Haveri district; appellants Harish, Kumari Swetha, Smt. Parawwa; respondents Basavenneppa, Smt. Kavita, Gadigeppa; I.A.No.1/2021 disposed; appeal dismissed as withdrawn; no cases cited.

What did the court decide?

Appeal dismissed as withdrawn on the basis of the memo recording an amicable out-of-court settlement between the parties; I.A.No.1/2021 disposed of as not surviving for consideration. ¶45-46

Harish S/O. Basavenneppa Koppad Vs Basavenneppa S/O.Basappa Koppad — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:1852-DB RFA No. 100021 of 2020

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND

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THE HON'BLE MR. JUSTICE UMESH M ADIGA

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REGULAR FIRST APPEAL NO. 100021 OF 2020 (PAR/POS)

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BETWEEN:

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HARISH

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S/O. BASAVENNEPPA KOPPAD, AGE: 28 YEARS, OCC: BUSINESS, R/O. VAISHARA GALLI, BYADGI, TQ: BYADGI, DIST: HAVERI-581112.

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KUMARI SWETHA

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Digitally signed by MOHANKUMAR B SHELAR

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Location: High Court of Karnataka, Dharwad Bench

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D/O.BASAVENNEPPA KOPPAD, AGE: 26 YEARS, OCC: HOUSEHOLD WORK, R/O. VAISHARA GALLI, BYADGI, TQ: BYADGI, DIST: HAVERI-581112.

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SMT. PARAWWA W/O. BASAVENNEPPA KOPPAD, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O. VAISHARA GALLI, BYADGI, TQ: BYADGI, DIST: HAVERI-581112.

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…APPELLANTS

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(BY SRI. M. L. VANTI, ADVOCATE)

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AND:

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BASAVENNEPPA S/O. BASAPPA KOPPAD,

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NC: 2025:KHC-D:1852-DB RFA No. 100021 of 2020

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AGE: 67 YEARS, OCC: AGRICULTURE, R/O. HALEPETE ONI, BYADGI, TQ: BYADGI, DIST: HAVERI-581112.

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SMT. KAVITA W/O. RAJESH B. AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. SRI. GURUKRUPA, CHOUDESHWARI BADAVANE, 2ND CROSS, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI-58116.

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3. GADIGEPPA

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S/O. BASAPPA KOPPAD, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. HALEPETE ONI, BYADGI, TQ: BYADGI, DIST: HAVERI-58112.

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…RESPONDENTS (BY SRI. VINAY S. KOUJALAGI, ADV. FOR R1 & R2; SRI. M. H. PATIL, ADV. FOR R3)

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THIS RFA IS FILED UNDER SEC.96 OF CPC, 1908, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 27-09-2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC BYADAGI, IN O.S. NO.16/2018, AND TO ALLOW THE PRESENT REGULAR FIRST APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND

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THE HON'BLE MR. JUSTICE UMESH M ADIGA

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NC: 2025:KHC-D:1852-DB RFA No. 100021 of 2020

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

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Learned counsel for the appellants filed a memo for withdrawal wherein appellant No.1 signed on the memo for withdrawal.

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It is stated that, with the intervention of the elders and well-wishers, the parties have settled their dispute amicably outside the Court. As per the settlement, respondent Nos.1 and 3 have agreed to partition the suit schedule properties, as per earlier oral family arrangements between all the family members. Hence, in view of the settlement, the appellants are not pressing the appeal, and the appeal may be disposed of as settled out of the Court.

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