Disposed¶22

Smt.Drakshayanamma W/O. Late Basavantaya Gorlekopp v. Smt.Neelawwa W/O.Chaudappa Naik @ Lamani

Karnataka HC6 Mar 2025RSA/100113/2020

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench; RSA No. 100113 of 2020 (SP-); Justice E.S. Indiresh; decided 06.03.2025; second appeal disposed of on settlement memo dated 06.03.2025; confirmation of First Appellate Court judgment and decree dated 27.11.2019 in R.A.No.22/2016 (Senior Civil Judge, Koppal); underlying suit O.S.No.158/2008, Civil Judge and JMFC, Koppal, dismissed 29.02.2016; appellant Drakshayanamma (defendant below); respondent Neelawwa (plaintiff below); Section 100 CPC; no precedent discussed; no quantum awarded.

What did the court decide?

Appeal disposed of as settled between the parties; judgment and decree dated 27.11.2019 in R.A.No.22/2016 passed by the First Appellate Court confirmed. ¶22

Smt.Drakshayanamma W/O. Late Basavantaya Gorlekopp Vs Smt.Neelawwa W/O.Chaudappa Naik @ Lamani — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:4322 RSA No. 100113 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 6^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100113 OF 2020 (SP-)

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BETWEEN:

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SMT. DRAKSHAYANAMMA W/O. LATE BASAVANTAYYA GORLEKOPPA, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O: HULGI MUNIRABAD, TQ & DIST: KOPPAL-583231.

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…APPELLANT

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(BY SRI. PRAVEEN P. TARIKAR, ADVOCATE) AND:

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SMT. NEELAWWA W/O. CHAUDAPPA NAIK @ LAMANI, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: HULGI MUNIRABAD, TQ & DIST : KOPPAL-583231.

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…RESPONDENT

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(BY SRI. SANTOSH B. MANE, ADVOCATE)

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Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.07 16:18:44 +0530

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF C.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.22/2016 VIDE ORDER DATED 27.11.2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AT KOPPAL AND CONFIRM THE JUDGMENT AND DECREE DATED 29.02.2016 BY THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KOPPAL, IN O.S. NO.158/2008 IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH

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2 - NC: 2025:KHC-D:4322 RSA No. 100113 of 2020

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ORAL JUDGMENT

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In this appeal, the defendant is assailing the judgment and decree dated 27.11.2019 in R.A.No.22/2016 on the file of the Senior Civil Judge at Koppal (for short “the First Appellate Court”) allowing the appeal and setting aside the judgment and decree dated 29.02.2016 in O.S.No.158/2008 on the file of the Civil Judge and JMFC, Koppal (for short “the Trial Court”) dismissing the suit of the plaintiff.

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Both the parties are present before this Court.

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Learned counsel appearing for the appellant has filed a memo dated 06.03.2025 stating that the parties to the lis have resolved their dispute and submitted that the judgment and decree dated 27.11.2019 in R.A.No.22/2016 passed by the First Appellate Court is required to be confirmed. In that view of the matter, recording the submissions made by the learned counsel for the appellant as well as the submissions of the parties, the appeal is disposed of as settled between the parties by confirming the judgment and decree dated 27.11.2019 in R.A.No.22/2016 passed by the First Appellate Court.

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NC: 2025:KHC-D:4322 RSA No. 100113 of 2020

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