- 1 - HC-KAR NC: 2025:KHC:18765 RSA No. 1422 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1422 OF 2014 (INJ) BETWEEN: SRI SESU GOWDA S/O SHANTHAPPA GOWDA, AGED ABOUT 67 YEARS, KANTHAVARA VILLALGE, KARKALA TALUK, UDUPI DIST - 574104. …APPELLANT (BY SRI. JAYAKARA SHETTY H., ADVOCATE) AND: 1. SRI DAYANANDA AGED ABOUT 40 YEARS, S/O LATE KUSUMA 2. SRI. PRAKASH AGED ABOUT 37 YEARS, S/O LATE KUSUMA, 3. SMT. KANCHANA AGED ABOUT 33 YEARS, S/O LATE KUSUMA RESPONDENT Nos. 1 TO 3 ARE R/AT MARIGUDI, PAJILA DARKAS HOUSE, KANTHAVARA VILLAGE, KARKALA TALUK-574104, UDUPI DIST. …RESPONDENTS (BY SRI. PRASANNA V R, ADVOCATE FOR R1 TO R3) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18765 RSA No. 1422 of 2014 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 5.7.2014 PASSED IN R.A.NO.101/2006 ON THE FILE OF SENIOR CIVIL JUDGE & ACJM, KARKALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 26.2.2003 PASSED IN O.S.NO.323/1999 ON THE FILE OF THE PRL. CILVIL JUDGE (JR.DN) KARKALA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant filed a memo for withdrawal of the appeal. It is stated that since the bailiff before the executing Court in Execution case No.41/2003 has returned the delivery warrant with his report on 21.02.2024, stating that delivery warrant cannot be executed as the boundaries of the property mentioned in the decree is not tallying with survey sketch as per the report of the Surveyor, and hence, the decree in question has not been executed and in this regard the appellant has filed affidavit in this appeal seeking for withdrawal of the appeal which is produced along with the memo. It is stated that the appellant does not want to press the - 3 - HC-KAR NC: 2025:KHC:18765 RSA No. 1422 of 2014 appeal, and he wants to withdraw the appeal. Therefore, the appeal may be dismissed as withdrawn. The memo along with affidavit is taken on record. Accordingly, the appeal is dismissed as withdrawn. In view of the dismissal of the appeal, I.A.No.2/2015 does not survive for consideration and is accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS