- 1 - NC: 2025:KHC:9289 RSA No. 46 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 46 OF 2025 (INJ) BETWEEN: MR KORAGA KUNDAR AGED ABOUT 68 YEARS, S/O NEELU MADIVALDI, R/AT ELINJE VILLAGE AND POST, AIKALA, MANGALORE TALUK, D. K-574 141. …APPELLANT (BY SRI. DHANANJAY KUMAR., ADVOCATE) AND: MRS. WINNIE REBELLO AGED ABOUT 64 YEARS, D/O BAPTIST @ BOUTHIS REBELLO, R/AT REBELLO COMPOUND, R/AT ELINJE VILLAGE AND POST, AIKALA, MANGALORE TALUK, D K - 574141 …RESPONDENT (BY SRI. AJAY PRABHU M., ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.11.2024 PASSED IN RA NO.11/2024 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI.D.K, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 22.04.2024 PASSED IN OS NO.134/2018 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODBIDRI. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9289 RSA No. 46 of 2025 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing the matter for some time, learned counsel for the appellant seeks leave of the Court to withdraw the appeal with liberty to file a suit for declaration of easementary rights regarding the suit schedule properties. 2. Memo is placed on record. 3. Appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE rs