Karnataka High Court
SECOND APPEAL 341 of 2007 on 13 October 2006
Digitally signed bySAROJAHANGARAKILocation: HighCourt ofKarnataka,Dharwad Bench,Dharwad NC: 2025:KHC-D:8411RSA No. 341 of 2007
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4[TH] DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO.341 OF 2007 (PAR)
BETWEEN:
1. GAJANAN MADEV HEGDE, AGED ABOUT 51 YEARS, OCC: AGRICULTURIST.
2. PARVATI KOM MADEV HEGDE, AGED ABOUT 88 YEARS, OCC: HOUSEHOLD. AGED ABOUT 88 YEARS, OCC: HOUSEHOLD.
BOTH ARE R/AT: TALLIMANE, BAKKAL POST, SIRSI, TQ: KARWAR DIST - 581 401
…APPELLANTS
(BY SRI. LINGESH V. KATTEMANE & SRI. S. G. KADADAKATTI, ADVOCATES)
AND:
1. NARAYAN MAHABALESHWAR HEGDE
SINCE DECEASED BY HIS LRS.,
1A.W/O. GIRIJA KOM NARAYANA HEGDE, AGE: 81 YEARS, OCC: HOUSEWIFE, R/O: AREKATTE TALLIMANE VANAHALLI POST, TQ: SIRSI, KARWAR DISTRICT – 581 336.
1B.MANJUNATHA NARAYANA HEGDE, AGE: 61 YEARS, OCC: AGRICULTRIST, R/O: AREKATTE TALLIMANE VANAHALLI POST, TQ: SIRSI, KARWAR DISTRICT – 581 336.
1C.SATHYANARYANA NARAYANA HEGDE, AGE: 59 YEARS, OCC: PVT. EMPLOYEE, R/O: AREKATTE TALLIMANE VANAHALLI POST, TQ: SIRSI, KARWAR DISTRICT – 581 336.
1D.MAHABALESHWAR NARAYANA HEGDE,
AGE: 57 YEARS, OCC: KIGH EMPLOYEE,
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HC-KAR
R/O: AREKATTE TALLIMANE VANAHALLI POST, TQ: SIRSI, KARWAR DISTRICT – 581 336.
1E. NARASHIMA NARAYANA HEGDE, AGE: 48 YEARS, OCC: PVT. EMPLOYEE, R/O: AREKATTE TALLIMANE VANAHALLI POST, TQ: SIRSI, KARWAR DISTRICT – 581 336. 2. GANAPATI MAHABALESHWAR HEGDE, AGED ABOUT 44 YEARS, OCC: AGRICULTURSIT. 3. SHRIPAD MAHABALESHWAR HEGDE, AGED ABOUT 41 YRS, OCC: AGRICULTURSIT, R1 TO R3 ARE R/O: TALLIMANE IN BAKKAL VILLAGE, SIRSI TQ, KARWAR DIST – 581 401. 4. MAHABALESHWAR MAHADEV HAGDE, AGED ABOUT 61 YRS, OCC: TAILOR, R/AT: AGRAHAR GANAPATI KATTE, NARASIMHARAJPUR, CHIKKAMANGALORE – 581 134. 5. KAMAKSHI KOM PARAMESHWAR BHAT, AGED ABOUT 68 YRS, OCC: HOUSEHOLD, R/O: RADAANAHALLI ANJANAYYA TEMPLE, BASANAHLLI, HIRIKERUR TQ, CHITRADURGA DIST 577 601. 6. ANNAPUMA KOM VENKATRAMAN HEGDE, AGED ABOUT 57 YRS, R/AT: S.V.COMPOSITE JUNIOR COLLEGE, BALAVANIKI ROAD, GADAG DIST 582 101.
7. PARAMESHWARI KOM MAHABALESHWAR HEGDE, SINCE DEAD BY HIS LRS SINCE DEAD BY HIS LRS
SAVITRI KOM KRISHNA HEGDE, AGED ABOUT 57 YRS, R/AT: MENSI, KALGADDE SIRSI TQ, KARWAR DIST 581 401.
(BY SRI. HEGDE NEERALGI & PATIL & SRI. R.V.JAYAPRAKASH, ADVOCATE FOR R1 TO R3; SRI. VIJAY MALALI, ADVOCATE FOR R1 (A TO D); R2(E), R4 TO R6 ARE SERVED; SRI. R.V.JAYAPRAKASH, ADVOCATE FOR R7)
…RESPONDENTS
HC-KAR
THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO CALL FOR THE RECORDS AND AN EXAMINATION OF THE SAME BE PLEASED TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.10.2006 PASSED BY THE CIVIL JUDGE SR. DN AT SIRSI IN R.A.NO.65/1992, AND ALSO THE FINDINGS GIVEN BY THE CIVIL JUDGE (JR.DN.) SIRSI IN O.S.NO.691967 DATED 30.07.1992 AND FURTHER BE PLEASED TO DISMISS THE SUIT IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
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A memo dated 04.07.2025 is filed along with a copy of the agreement dated 01.07.2025, stated to have been entered into between the appellant and the respondent, and a copy of the sketch.
2. Both learned counsel appearing for the appellant and the respondent submit that the parties have amicably resolved the matter in terms of the settlement and seek dismissal of the appeal as having become infructuous.
3. The memo is taken on record.
4. In light of the memo filed, the appeal is dismissed as withdrawn.
VNP/CT-ASC List No.: 1 Sl No.: 26
Sd/- (M.G.S. KAMAL) JUDGE
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