- 1 - NC: 2025:KHC:10951 RSA No. 169 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 169 OF 2016 (INJ) BETWEEN: MR. REGINALD PEREIRA KAMATH S/O WILLIAM PEREIRA R.C. CHRISTIAN AGED ABOUT 57 YEARS R/AT HOUSE NO.2-189, BAJPE, MANGALORE-574142. …APPELLANT (BY SRI. SAMPATH ANAND SHETTY, ADVOCATE) AND: 1. MR. MAXIM D’SOUZA S/O LAWRENCE D’SOUZA R.C. CHRISTIAN AGED ABOUT 59 YEARS CLOTH MERCHANT, MAIN ROAD BAJPE, MANGALORE-574142 2. MR. RONALD FERNANDES S/O LEGORI FERNANDES MAJOR, BEHIND ABS ACRADE BAJPE – 547 142, MANGALORE (DELETED VIDE COURT ORDER DATED 14.07.2016) …RESPONDENTS (BY SRI. NAVEED AHMED, ADVOCATE FOR R1 R2 IS DELETED VIDE COURT ORDER DATED 14.07.2016) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10951 RSA No. 169 of 2016 THIS RSA IS FILED UNDER SEC.100 R/W ORDER XLII RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.10.2015 PASSED IN R.A NO.54/2006 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL JUDGE, MANGALURU, D.K, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.02.2006 PASSED IN O.S NO.527/1998 ON THE FILE OF THE 1ST ADDL. CIVIL JUDGE (JR.DN.), MANGALURU. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing the matter for sometime, learned counsel for the appellant seeks leave of the Court to withdraw the appeal with liberty to file contempt petition against the order passed in W.P.No.27555/1997. Submission is placed on record. Accordingly, appeal is dismissed as withdrawn with the aforesaid liberty. - 3 - NC: 2025:KHC:10951 RSA No. 169 of 2016 In view of the dismissal of the appeal, I.A. No.1/2016 does not survive for consideration. Accordingly, I.A.No.1/2016 is disposed of. Sd/- (ASHOK S.KINAGI) JUDGE BVK