- 1 - HC-KAR NC: 2025:KHC-D:12932-DB MFA No. 101152 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO. 101152 OF 2025 (MV-D) BETWEEN: SRI. DEVIDAS S/O. NAGAPPA NAIK, AGED 61 YEARS, R/O. KELAGINA MANE, KAIKINI POST, MURUDESHWAR-581320, TQ. BHATKAL, DIST. UTTARA KANNADA. …APPELLANT (BY SRI. LINGESH V. KATTEMANE, ADVOCATE) AND: 1. SRI. MANJUNATH IRAYYA GONDA, AGED ABOUT 61 YEARS, OCC: COOLIE, R/O. MARUKERI, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. 2. SMT. SOMI W/O. MANJUNATH GONDA, AGED ABOUT 54 YEARS, OCC: HOUSE WIFE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12932-DB MFA No. 101152 of 2025 R/O. MARUKERI, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. 3. MR. SURESH SUBBA DEVADIGA, AGE: MAJOR, R/O. NO.46, BILAKHANDA, GULMI, TQ. BHATKAL, DIST. UTARA KANNADA-581320. 4. THE DIVISIONAL MANAGER, FUTURE GENERAL INDIA INSURANCE COMPANY LTD., 2ND FLOOR, EMPIRE MALL, NO.S-14, K-15, M. G. ROAD, MANGALORE-575002. …RESPONDENTS (BY SRI. RAJASHEKAR S. ARANI, ADV. FOR R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 09.12.2024, PASSED BY THE ADDL. M.A.C.T AND SENIOR CIVIL JUDGE, BHATKAL IN M.V.C NO.296/2019 BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:12932-DB MFA No. 101152 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) Learned counsel for the appellant has filed a memo which reads as under: “The Appellant most respectfully state as follows; That the Appellant is not interested to continue the appeal. Since Matter was settled before the Execution Court in EP No.38/2025 ON 13.09.2025. Hence this Honble court may kindly permit the Appellant to withdraw the above appeal by allowing the memo. Kindly direct the registry to transfer the statutory deposit made before this court to the execution court Senior Civil Judge and JMFC Court Bhatkal in the ends of justice and equity. Hence this memo.” 2. In view of the aforesaid memo, appeal is dismissed as withdrawn. 3. In view of dismissal of the appeal, the amount in deposit is directed to be transmitted to the Execution Court, - 4 - HC-KAR NC: 2025:KHC-D:12932-DB MFA No. 101152 of 2025 Senior Civil Judge and JMFC Court, Bhatkal in E.P.No.38/2025. Learned counsel for the appellant fairly submits that he has no objection for the claimants to withdraw the amount in the Execution proceedings. The submission is placed on record. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 21