- 1 - NC: 2025:KHC-D:1026 RSA No. 100089 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100089 OF 2024 (DEC-) BETWEEN: DURGAPPA S/O. MARIYAPPA KATTIMANI, AGE. 61 YEARS, OCC. AGRICULTURE, R/O. BEHIND BASAVESHWAR BANK, BAGALKOT, TQ. DIST. BAGALKOT – 587103. …APPELLANT (BY SRI. LINGRAJ MARADI, ADVOCATE) AND: 1. SMT. SHRIDEVI W/O. VISHWANATH MALAWAD, SINCE DECEASED BE HER LRS. 2. AKSHATA D/O. VISHWANATH MALAWAD, AGE: 27 YEARS, OCC: STUDENT, R/O. NEAR LAXMI TALKIES, BADAMI ROAD, BAGALKOTE 587103. 2. ARAPIT S/O. VISHWANATH MALAWAD, AGE. 35 YEARS, OCC. STUDENT, R/O. NEAR LAXMI TALKIES, BADAMI ROAD, BAGALKOTE, TQ. AND DIST. BAGALKOTE 587103. …RESPONDENTS MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.27 15:38:50 +0530 - 2 - NC: 2025:KHC-D:1026 RSA No. 100089 of 2024 THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO CALL FOR RECORDS AND ALLOW INSTANT APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM AT BAGALKOT, DATED 05.01.2023 I.E., REGULAR APPEAL NO.09/2017 BY SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE PRL. CIVIL JUDGE & JMFC., BAGALKOTE, DATED 21.02.2013 IN O.S.NO.174/2008 BY ALLOWING THE PRESENT APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal on the ground that the parties have settled the matter out of the Court. Memo is taken on record and accordingly the appeal stands dismissed as withdrawn. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 6