- 1 - NC: 2025:KHC-K:1333 RSA No. 200169 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI REGULAR SECOND APPEAL NO.200169 OF 2021 (DEC/INJ) BETWEEN: 1. DINAKAR S/O NURSINGRAO BIRADAR, AGE: 48 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: NARYANPUR, TQ: BASAVAKALYAN, DIST: BIDAR. …APPELLANT (BY SRI. MOGHA SUDHAKAR RAO, ADVOCATE) AND: 1. SHIVAJI S/O NURSINGRAO BIRADAR, AGE: 53 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. NARAYANPUR, TQ. BASAVAKALYAN, DIST. BIDAR, NOW R/O. SION KOLIWADA, MUMBAI – 400 037. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1333 RSA No. 200169 of 2021 2. SANJEEVKUMAR S/O SHARANAPPA KAALEKAR, S/O AGE: 48 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. M/S JYOTI HOME SERVICE MAIN ROAD, BASAVAKALYAN – 585 327. …RESPONDENTS (BY SRI. S.B. HANGARKI, ADVOCATE FOR R1 R2 IS SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 20.04.2021 PASSED BY II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BIDAR SITTING AT BASAVAKALYAN IN R.A.NO.13/2016 DISMISSING THE APPEAL BY CONFIRMING THE JUDGMENT AND DECREE OF THE TRIAL COURT DATED 11.03.2016 O.S.NO.09/2012 ON THE FILE OF SENIOR CIVIL JUDGE BASAVAKALYAN AND DECREE THE SUIT OF THE PLAINTIFF/ APPELLANT IN O.S.NO.09/2012 BY REMANDING BACK FOR FRESH TRIAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI - 3 - NC: 2025:KHC-K:1333 RSA No. 200169 of 2021 ORAL JUDGMENT (PER: HON'BLE MS JUSTICE J.M.KHAZI) Learned counsel for the appellant has filed a memo along with signature of the appellant, to dismiss the appeal as withdrawn and not pressed. 2. In light of the same, appeal is dismissed as withdrawn and not pressed. Sd/- (J.M.KHAZI) JUDGE MCR List No.: 1 Sl No.: 7