Kupendra S/O Sangappa Harthi, vs Yellappa S/O Basappa Dalavi, on 17 August, 2016

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Karnataka High Court

Kupendra S/O Sangappa Harthi, vs Yellappa S/O Basappa Dalavi, on 17 August, 2016

Bench: Aravind Kumar

                           :1:


             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

         DATED THIS THE 17TH DAY OF AUGUST, 2016

                         BEFORE

       THE HON'BLE MR. JUSTICE ARAVIND KUMAR

          REGULAR SECOND APPEAL NO.6062/2012

BETWEEN

1.    KUPENDRA S/O SANGAPPA HARTHI,
      AGE: 69 YEARS, OCC: AGRICULTURE,
      R/O: DEVARAKONDA, TQ: KALAGHATAGI,
      DIST: DHARWAD.

2.    MALLAPPA S/O KUPENDRA HARTHI,
      AGE: 44 YEARS, OCC: AGRICULTURE,
      R/O: DEVARAKONDA, TQ: KALAGHATAGI,
      DIST: DHARWAD.-580001

3.    SANGAPPA S/O KUPENDRA HARTI
      AGE: 42 YEARS, OCC: AGRICULTURE,
      R/O: DEVARKONDA, TQ: KALAGHATAGI,
      DIST: DHARWAD.-580001
                                            ... APPELLANTS
(BY SRI. DINESH M. KULKARNI, ADV.)

AND

1.    YELLAPPA S/O BASAPPA DALAVI,
      AGE: 47 YEARS, OCC: AGRICULTURE,
      R/O: GAMBYAPUR, TQ: KALAGHATAGI
      DIST: DHARWAD-580001

2.    BASAPPA S/O SANGAPPA HARTI,
      AGE: 42 YEARS, OCC: AGRICULTURE,
      R/O: DEVARKOPPA, TQ: KALAGHATAGI,
      DIST: DHARWAD-580001
                                          ... RESPONDENTS

     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE
                            :2:


DATED 16.07.2012 PASSED IN R.A. NO.23/2008 ON THE FILE
OF THE PRESIDING OFFICER, FAST TRACK III, DHARWAD,
ALLOWING THE APPEAL, FILED AGAINST THE JUDGMENT DATED
19.04.2003 AND THE DECREE PASSED IN O.S. NO.239/2002 ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE (SD) AND CJM,
DHARWAD, DISMISSING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION AND PERMANENT INJUNCTION.

     THIS REGULAR SECOND APPEAL COMING ON              FOR
ADMISSION, THIS DAY, THE COURT DELIVERED               THE
FOLLOWING:

                        JUDGMENT

This Regular Second Appeal is directed against judgment and decree passed in R.A. No.23/2008 dated 16.07.2012. Today memo is filed by the learned counsel for appellant indicating thereunder that dispute between the parties have ended in Compromise in FDP No.4/2008 pending before the III Additional Senior Civil Judge, Hubli (Itinary Court of Kalghatagi) on 16.04.2016.

In that view of the matter, memo is placed on record, Regular Second Appeal is dismissed as having become infructuous.

Sd/-

JUDGE Rsh

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