- 1 - NC: 2025:KHC-D:515 RSA No. 100070 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100070 OF 2014 (DEC/INJ) BETWEEN: 1. K.BHASKAR RAO S/O. KATABULLA VENKATESHWARRAO AGE: 42 YEARS, OCC: GOLDSMITH R/O. FORT AREA, GANGAVATHI-583227. …APPELLANT (BY SRI. SURESH N KINI, DVOCATE) AND: 1. MOHAMMED YUSUF S/O. SAFDAR HUSSAIN AGE: 66 YEARS, OCC: CARPENTER, R/O. FORT AREA, GANGAVATHI- 583227. …RESPONDENT (BY SRI. CHANDRASHEKHAR P.PATIL ,ADVOCATE) REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING THAT THE JUDGMENT AND DECREE DATED 26.10.2013 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, GANGAVATHI DISMISSING THE REGULAR APPEAL NO.4/2011 FILED BY THE PRESENT APPELLANT, THEREBY CONFIRMING THE JUDGMENT AND DECREE DATED 21.01.2011 IN O.S.NO.491/1996 PASSED BY THE COURT OF ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, GANGAVATHI MAY KINDLY BE REVERSED AND THE DECREE BE SET ASIDE BY DISMISSING THE SUIT 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 Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - NC: 2025:KHC-D:515 RSA No. 100070 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) Learned counsel appearing for the appellant has filed a memo seeking leave of this Court to withdraw the appeal. Memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. Sd/- (E.S.INDIRESH) JUDGE SMM CT:GSM List No.: 3 Sl No.: 2