IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA REGULAR SECOND APPEAL NO.1977 OF 2012 (PAR) Between:
1. Puttaswamy Gowda, Dead by his LRs., 1(a) Shivanandappa, S/o Puttaswamy Gowda, Aged about 59 years, 1(b) Lokappa, S/o Puttaswamy Gowda, Aged about 40 years, 1(c) Somashekarappa, S/o Puttaswamy Gowda, Aged about 38 years, 1(a) to (c) are residents of Anegadde Village, Huncha Hobli, Hosanagar Taluk – 577 418.
1(d) Smt. Vishalakshi, W/o Mallikarjunappa, Aged about 45 years, Malinakadakodu, Agriculturist, Post: Demlapura, Thirthahalli Taluk – 577 432, Shivamogga District.
1(e) Smt. Prema, W/o Rudrappa Gowda, Aged about 35 years, R/o Kallahaklu Post, Muniyar, Thirthahalli Taluk – 577 432.
1(f) Smt. Vasanthamma, W/o Halappa, Aged about 23 years, R/o Mandaka Post, Humcha, Hosanagar Taluk – 577 418.
1(g) Smt. Nagavenamma, W/o Lingappa, Aged about 25 years, R/o Bhomanahalli, Hosoor Road, Hosanagar – 577 418.
1(h) Smt. Lolakshi, W/o Dhaneshappa, Aged about 27 years, R/o Venavallil Village, Post: Arasalu, Hosanagara Taluk – 577 418.
1(i) Smt.Anusooya, W/o Gurupadappa, Aged about 29 years, R/o Kerekoppa, Ghantinakoppa, Post: Haridravathi, Sagar Taluk – 577 401. ... Appellants (By Sri.Pruthvi Wodeyar, Advocate) And:
1. Devarajappa Gowda, S/o Bhyrappa Gowda, Aged about 73 years, Agriculturist, R/o Anegadde, Humcha Hobli, Hosanagar Taluk – 577 418.
2. Mallappa Gowda, S/o Bhyrappa Gowda, Aged about 58 years, Agriculturist, R/o Anegadde, Humcha Hobli, Hosanagar Taluk – 577 418.
3. Smt. Mariyamma, W/o Yogendrappa Gowda, Aged about 83 years, Agriculturist, R/o Belakodu – Karadiga Village, Post: Rippen Pete, Hosanagara Taluk – 577 418.
4. Smt. Eswaramma, W/o Halappa Gowda, Dead by L.Rs.
a) Jayadevappa, S/o Halappa Gowda, Aged about 58 years, R/o Honnebailu, Humcha Village, Hosanagar Taluk – 577 418.
b) Smt. Kamalaksha, S/o Halappa Gowda, Aged about 53 years, R/o Honnebailu, Humcha Village, Hosanagar Taluk – 577 418.
c) Smt. Bhageerathamma, W/o Basappa Gowda, Aged about 48 years, R/o Keremanekoppa, Muniyaru Village, Post: Muniyaru, Agrahara Hobli, Thirthahalli Taluk – 577 432.
d) Smt. Gowramma, W/o Gangadhara, Aged about 63 years, R/o Kallugudde, Post:Melina Besuge, Hosanagar Taluk – 577 418.
e) Smt. Parvathamma, W/o Mallikarjuna H.V., Aged about 43 years, R/o Honnebailu, Humcha Village, Hosanagar Taluk – 577 418. ...Respondents (By Sri. S.V. Prakash, Advocate for R2;
R3, R4(a to e) are served but unrepresented) This RSA is filed under Order 41, Section 100 of CPC against the Judgment and Decree dated:20.06.2012 passed in R.A.No.8/2008 on the file of the Addl. Senior Civil Judge & JMFC., Sagar, dismissing the appeal and confirming the Judgment and Decree dated 31.1.2008 passed in O.S.No.216/1999 on the file of the Civil Judge (Jr.Dn) Hosanagar.
This RSA coming on for Orders this day, the Court delivered the following:
J U D G M E N T Learned counsel for the appellants files a Memo stating that the parties to these proceedings have settled the dispute in F.D.P.No.8/2012 connected with the original suit from which this second appeal is filed.
2. Hence, it is prayed that this appeal does not survive for consideration and the appellants may be permitted to withdraw the same.
3. Memo is taken on record.
Appeal is dismissed as withdrawn.
Sd/- JUDGE bkp