In The High Court Of Karnataka At Bengaluru DATED THIS THE 10TH DAY OF OCTOBER 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 577 of 2018 (DEC/INJ) Between:
1. SRI KRISHNA SON OF LATE KEMPAIAH, AGED ABOUT 59 YEARS, 2. SMT JAYAMMA WIFE OF DODDONU, AGED ABOUT 64 YEARS, 3. SRI PUTTASWAMY SON OF LATE DASAIAH, AGED ABOUT 59 YEARS, 4. SRI LAKSHMANA SON OF CHANNE GOWDA, AGED ABOUT 49 YEARS, 5. SMT SHASHIKALA WIFE OF LATE RAMANNA, AGED ABOUT 44 YEARS, 6. SMT SHARADAMMA WIFE OF CHIKKONU, AGED ABOUT 64 YEARS, 7. SMT SHARADAMMA WIFE OF H.L. RAMESHA, AGED ABOUT 64 YEARS, 8. SANATHKUMAR SINCE DEAD 8(a) SMT K.C.LALITHA, WIFE OF LATE SANATH KUMAR, AGED ABOUT 49 YEARS, 8(b) H.S. CHETHAN SON OF LATE SANATHKUKMAR, AGED ABOUT 23 YEARS, 8(c) H S VARSHITHA DAUGHTER OF LATE SANATHKUKMAR, AGED ABOUT 21 YEARS, 9. SRI SIDDARAMU SON OF SIDDAIAH, AGED ABOUT 45 YEARS, 10. SRI A KRISHNA SON OF LATE ANKAIAH, AGED ABOUT 53 YEARS, APP. NO.1-10 ARE RESIDING AT HEMMANAHALLI VILLAGE, ATHGUR HOBLI, MADDUR TALUK, MANDYA DISTRICT-571428 ... APPELLANTS (BY SMT. ARCHANA MURTHY.P, ADVOCATE) And:
1. HEMMANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HEMMANAHALLI, MADDUR TALUK, REPRESENTED BY ITS SECRETARY-571428 2. THE ELECTION OFFICER HEMMANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HEMMANAHALLI VILLAGE, REPRESENTED BY B HUCHHAIAH, FOOD DEPARTMENT, TALUK OFFICE, MADDUR TOWN-571428 3. THE CO-OPERATIVE SOCIETIES DEVELOPMENTAL OFFICER MADDUR TALUK, MADDUR-571428 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA-571426 5. THE CO-OPERATIVE SOCIETIES ASSISTANT DIRECTORS AND ELECTION OFFICER, MANDYA-571426 6. SRI APPAJI GOWDA H G SON OF GIRI GOWDA, AGED ABOUT 46 YEARS, 7. SRI KRISHNAPPA H S SON OF LATE SOTHE GOWDA, AGED ABOUT 59 YEARS, 8. SRI TAGADE GOWDA K SON OF LATE KADE GOWDA, AGED ABOUT 56 YEARS, 9. SRI THAVASAIAH SON OF LATE DEVARAHALLI, AGED ABOUT 69 YEARS, 10. SMT NAGAMMA DAUGHTER OF LATE H K SRINIVASA, AGED ABOUT 49 YEARS, 11. SRI RAVIKUMAR H SON OF HONNAIAH, AGED ABOUT 44 YEARS, 12. SRI RAJANNA H K SON OF LATE KEMPAIAH, AGED ABOUT 46 YEARS, 13. SMT RUKKAMMA H V WIFE OF H K THAMMAIAH, AGED ABOUT 71 YEARS, 14. SRI VENKATESH V SON OF VENKATE GOWDA, AGED ABOUT 62 YEARS, EMPLOYEE IN MPCS, HEMMANAHALLI, INTERNAL ACCOUNT GENERAL, 15. SRI SRINIVAS H S SON OF LATE SANNA KEMPE GOWDA, AGED ABOUT 55 YEARS, 16. SRI H V KRISHNE GOWDA SON OF VENKATEGOWDA, AGED ABOUT 66 YEARS, RESPONDENT NOS.6-16 ARE RESIDING AT HEMMANAHALLI VILLAGE, ATHGUR HOBLI, MADDUR TALUK, MANDYA DISTRICT-571428 ... RESPONDENTS (BY SMT. K.R.ROOPA, HCGP FOR R2 TO R4;
SRI P.MAHADEVASWAMY, ADVOCATE FOR R1, R7 TO R11 & R13 TO R16 ;
NOTICE SERVED ON R12) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 22.01.2018 PASSED IN R.A.NO.04/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADDUR PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 25.02.2017 PASSED IN O.S.NO.407/2013 ON THE FILE OF THE PRL. CIVIL JUDGE & JMFC., MADDUR.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The learned counsel for the appellants files a memo placing on record that the parties are able to settle the dispute out of Court, and prays for dismissal of the appeal as withdrawn.
The memo is accepted. The appeal is dismissed as withdrawn.
In view of the dismissal of the appeal, I.A.No.1/2018 does not survive for consideration, and the same is accordingly disposed of.
Sd/- Judge KPS