Karnataka High Court
Shantayya S/O Revansiddayya vs Sharnayya Swami S/O Sadashivayya Swami on 26 April, 2017
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
REGULAR SECOND APPEAL NO.7131/2012
Between:
Shantayya S/o Rachotayya Jadimath,
Age : 67 years,
Occ : Agriculture,
R/o Jedi Math, Roza-K,
Gulbarga.
...Appellant
(By Sri A. Vijay Kumar, Advocate)
And:
Sharnayya S/o Sadashivayya Math,
Age : 67 Years,
Occ : Agriculture and in charge of Mathadhipati
Of Jedi Math and Ramalinga Math,
R/o Malgatti village,
Tq. and Dist. Gulbarga.
...Respondent
(By Sri Jambayya Swami Hiremath, Advocate)
2
This Regular Second Appeal is filed under
Section 100 of CPC, against the judgment and decree
dated 09.02.2012 passed in R.A. No.29/2010 by the
Prl. Senior Civil Judge at Gulbarga whereby the appeal
was dismissed and the judgment and decree dated
10.02.2010 passed in O.S.No.369/2010 on the file of
the III Addl. Civil Judge (Jr.Dn.) at Gulbarga, was
confirmed.
This appeal coming on for orders this day, Court
delivered the following:
JUDGMENT
Appellant's counsel submits that a memo has been filed signed by the legal representatives of deceased appellant stating that the dispute between the parties has been settled out of Court and therefore they do not wish to pursue the appeal and that the appeal may be dismissed.
3
2. Memo is perused. Appeal is dismissed on account of out of court settlement arrived at between the parties.
3. In view of the dismissal of the appeal, I.A. No.1/2014 would not survive for consideration and same is dismissed as not pressed.
Sd/-
JUDGE RSP