Disposed¶28

Shri. Vinayak S/O Ishwar Sankpale v. Shri. Chandrasheekhar S/O Krishnappa Kurdekar

Karnataka HC9 Jun 2025RFA/100570/2023

Case brief

AI extract

What is this about?

Karnataka HC Dharwad disposed RFA No.100570/2023 (filed under Order 41 Rule 1 and 2 r/w Section 96 CPC) on 09.06.2025 (NC: 2025:KHC-D:7412-DB). Appeal by Vinayak s/o Ishwar Sankpale against judgment and decree dt 04.07.2023 of I Addl. Senior Civil Judge & JMFC, Hubballi in O.S.No.101/2021; respondents Chandrasheekhar s/o Krishnappa Kurdekar and Rajeev Gruhanirman Sahakari Sangh Niyamit (rep. by its President Abhimanyu Neelappa Madiwalar). Disposed of on settlement memo citing compromise petition in W.P.No.103468/2025 dt 05.06.2025; court fee refund directed. Per R. Nataraj, J.; bench: R. Nataraj & Rajesh Rai K., JJ.

What did the court decide?

Appeal disposed of as settled between the parties; Registry directed to refund the Court fee in accordance with law. ¶28

Shri. Vinayak S/O Ishwar Sankpale Vs Shri. Chandrasheekhar S/O Krishnappa Kurdekar — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC-D:7412-DB RFA No. 100570 of 2023

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9^TH DAY OF JUNE, 2025

¶5

PRESENT

¶6

THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K

¶7

REGULAR FIRST APPEAL NO.100570 OF 2023 (DEC/POS)

¶8

BETWEEN:

¶9

SHRI VINAYAK S/O. ISHWAR SANKPALE, AGE: 43 YEARS, OCC. SERVICE, R/O. HOUSE NO. 102/2, KOLIPET, MARATHA GALLI, HUBBALLI, DIST. DHARWAD-580001.

¶10

…PETITIONER

¶11

(BY SRI. SANGRAM S. KULKARNI, ADVOCATE)

¶12

AND:

¶13

Digitally signed
byYASHAVANT
NARAYANKAR
Location: HIGH
YASHAVANTNARAYANKAR COURT OFKARNATAKADHARWAD
BENCH
DHARWAD
Date:
2025.06.10
10:38:53
+0530

¶14

SHRI CHANDRASHEEKHAR S/O. KRISHNAPPA KURDEKAR, AGE: 69 YEARS, OCC. RETIRED, R/O. PLOT NO.106, RAJIV NAGAR, VIDYA NAGAR, HUBBALLI, DIST. DHARWAD-580011.

¶15

RAJEEV GRUHANIRMAN SAHAKARI SANGH NIYAMIT, REPRESENTED BY ITS PRESIDENT, SHRI ABHIMANYU NEELAPPA MADIWALAR, AGE: 62 YEARS, OCC. BUSINESS, R/O. JAWAHARA APARTMENT, MADIWALAR NAGAR, HUBBALLI, DIST. DHARWAD-580011.

¶16

…RESPONDENTS

¶17

(BY SRI. G.A. BHAT, ADVOCATE FOR R1; SRI. SUNIL S. DESAI, ADVOCATE FOR R2)

¶18

2 - NC: 2025:KHC-D:7412-DB RFA No. 100570 of 2023

¶19

HC-KAR

¶20

THIS RFA IS FILED UNDER ORDER 41 RULE 1 AND 2 READ WITH SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 04.07.2023 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI, IN O.S.NO.101/2021 AND DECREE THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY.

¶21

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶22

CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K

¶23

ORAL JUDGMENT

¶24

(PER: THE HON'BLE MR. JUSTICE R.NATARAJ)

¶25

Learned counsel for the appellant has filed a memo

¶26

stating that the dispute between the parties is settled by filing compromise petition in W.P.No.103468/2025 on 05.06.2025. It is prayed that in view of the settlement, this appeal may be disposed of.

¶27

Memo is taken on record.

¶28

In view of the memo, the appeal stands disposed of as having been settled between the parties.

¶29

¶30

NC: 2025:KHC-D:7412-DB RFA No. 100570 of 2023

¶31

HC-KAR

¶32

Registry is directed to refund the Court fee in

¶33