- 1 - NC: 2025:KHC:1116 RSA No. 56 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND REGULAR SECOND APPEAL No. 56 OF 2023 (SP) BETWEEN: 1. SMT. GULABI SHEDTHI, AGED ABOUT 82 YEARS, W/O SHAMARAYA SHETTY, R/AT AMBIKA HOUSE, KOPPALATHOTA, KAPUR POST, PADU VILLAGE, KAUP TALUK, UDUPI DISTRICT 574 106. …APPELLANT (BY SRI SHOBHITH N SHETTY, ADVOCATE) AND: 1. SRI RISHAN T., AGED ABOUT 40 YEARS, S/O LATE G. P. KANCHAN, R/AT BOLJE, UDYAVARA VILLAGE, UDUPI TALUK AND DISTRICT. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.09.2022 PASSED IN RA.No.8/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.03.2021 PASSED IN OS No.77/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI. THIS RSA COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka - 2 - NC: 2025:KHC:1116 RSA No. 56 of 2023 CORAM: HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT Learned counsel Sri Shobhith N. Shetty for the appellant submits that the memo dated 13.06.2024 for withdrawal is singed by the GPA holder Sri Vajrakumar, the son of the appellant. 2. It is submitted that due to age related ailments, the appellant is not in a position to sign the memo for withdrawal. 3. The memo dated 13.06.2024 reads as under; "That the appellant in the above case most respectfully submitted that the above matter has been settled out of Court hence the appellant in the above case does not wish to proceed further in the above case against the respondent, therefore it is prayed that this Hon'ble Court may be pleased to dismiss above case as withdrawn/not pressed and also prayed that court fee paid in the above case may be refunded to the appellant in the interest of justice and equity." 4. The memo is signed by learned counsel for the appellant. In view of the memo, the appeal is dismissed as withdrawn. - 3 - NC: 2025:KHC:1116 RSA No. 56 of 2023 5. In view of the withdrawal of the appeal, the Registry shall re-fund the Court fee. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 5