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IN THE HIGH COURT OF

DHARWAD BENCH

DATED THIS THE 25 TH DAY OF NOVEMBER 2013

BEFORE

THE HON’BLE MR. JUSTICE B.SREENIVASE GOWDA

RSA No.5891/2010

BETWEEN:

LAXMAN @ AJIT S/O SHANKAR MANE AGE: 54 YEARS, OCC: AGRICULTURE, R/O , TQ: DIST: ... APPELLANT

(By Sri.SANGRAM S.KULKARNI, ADVOCATE)

AND:

1. SURESH S/O SHANKAR MANE AGE: 49 YEARS, OCC: AGRICULTURE & SERVICE, R/O MANKAPUR, TQ: CHIKODI DIST: BELGAUM

2. PRAKASH S/O SHANKAR MANE AGE: 45 YEARS, OCC: AGRICULTURE, R/O MANKAPUR, TQ: CHIKODI.

3. INDIRA W/O KALLAPPA RANJANE AGE: 69 YEARS, OCC: HOUSEHOLD WORK, - 2 -

R/O GALATGA TQ: CHIKODI.

4. SINDHUTAI W/O RAMACHANDRA KAMBALE AGE: 74 YEARS, OCC: HOUSEHOLD WORK, R/O SULKUD, TQ: KAGAL DIST: KOLHAPUR.

5. PRABHAVATI W/O APPASO MUKTARE AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O , TQ: CHIKODI.

6. SATWASHILA W/O KALLAPPA GORE AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O C/O MARUTI TELWALE, GURUPRASAD COLONY, MANDOLI ROAD, TILAKWADI BELGAUM.

7. ANAND S/O APPAJI BHAKAVE SINCE DECEASED BY HIS LRS R/O SIDDAPURWADI, TQ: CHIKODI.

8. GOURABAI W/O ANAND BHAKAVE AGE: MAJOR, OCC: HOUSEHOLD WORK R/O SIDDAPURWADI, TQ: CHIKODI.

9. PURSHOTTAM S/O ANAND BHAKAVE AGE: MAJOR, OCC: AGRICULTURE, R/O GALATGA, TQ: CHIKODI.

10. BHARTATI D/O ANAND BHAKAVE AGE: MAJOR, OCC: SERVICE R/O LAFID HOSPITAL, TQ: CHOKODI. - 3 -

11. YALLESH S/O KALLAWWA ANTARMANI AGE: MAJOR, OCC: AGRICULTURE R/O GALATGA, TQ: CHIKODI.

12. PURSHOTTAM S/O ANAND BHAKAVE AGE: MAJOR, OCC: AGRICULTURE R/O GALATGA, TQ: CHIKODI.

13. YALLAPPA S/O RAMAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE R/O GALATGA, TQ: CHIKODI.

14. MAHADEV S/O RAMAGOUDA PATIL AGE: MAJOR, OCC: AGRICULTURE R/O GALATGA, TQ: CHIKODI. ... RESPONDENTS

(By Sri.M.G.NAGANURI, ADVOCATE)

THIS RSA IS FILED U/S.100 R/W. ORDER XLII RULE 1 OF CPC, AGAINST THE JUDGEMENT & DECREE DATED 07.08.2010 PASSED IN R.A.NO.7/2008 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE BELGAUM, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT DATED 15.11.2007 AND THE DECREE PASSED IN O.S.NO.50/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) CHIKODI, PARTLY DECREEING THE SUIT FILED FOR PARTITION & SEPARATE POSSESSION AND FOR DECLARATION. - 4 -

THIS RSA COMING ON FOR HEARING ON INTERLOCUTORY APPLICATIONS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

The first defendant has filed this second appeal, challenging the concurrent judgments and decrees of the Courts below, whereby both the

Courts have held that the plaintiffs are entitled to

2/7 th share together in the properties situated at

Galataga village in Chikkodi Taluk and 4/7 th share together in the properties situated at village in Chikkodi Taluk

2. The learned counsel for the appellant has filed a memo enclosing a compromise petition entered in F.D.P.No.22/2010. A perusal of the compromise petition entered in the F.D.P. discloses that pursuant to the judgment and decree passed by the trial Court in O.S.No.50/2001 and confirmed - 5 - by the lower appellate Court in R.A.No.7/2008, the plaintiffs have filed the final decree proceedings in

F.D.P.No.22/2010 against the defendants, in which the parties have entered into compromise.

3. In view of the disposal of F.D.P. in terms of compromise, this second appeal challenging the preliminary decree passed in O.S. No.50/2001 and confirmed in R.A.No.7/2008 does not survive for consideration and it is liable to be dismissed as having become infructuous.

4. Accordingly, the second appeal is dismissed as infructuous.

SD/- JUDGE Vnp*