- 1 - NC: 2025:KHC-D:1209-DB RFA No. 100221 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100221 OF 2024 (DEC/INJ) BETWEEN: 1. SHRI. RIZWAN AHMED S/O AHMED SHARIF MULLA AGE. 40 YEARS, OCC. PRIVATE SERVICE ACCOUNTANT, R/O. PLOT NO. 319, 10TH CROSS, GHODKE PLOT, OLD HUBBALLI-580024. 2. SMT. NAZIYA W/O MAHAMOOD RAZVI AGE. 38 YEARS, OCC. HOUSE HOLD R/O. PLOT NO. 319, 10TH CROSS, GHODKE PLOT, OLD HUBBALLI- 580024. 3. SMT. NASIM BEGAM W/O AHMED SHARIF AGE. 62 YEARS, OCC. HOUSEHOLD R/O. PLOT NO. 319, 10TH CROSS, GHODKE PLOT, OLD HUBBALLI-580024. …APPELLANTS (BY SRI. M.B. KANAVI, ADV) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1209-DB RFA No. 100221 of 2024 AND: 1. SHRI. HASSANSAB S/O HASSANSAB KAMBARGANAVI AGE. 80 YEARS OCC. AGRICULTURE R/O. VENKATAPUR VILLAGE TQ/DIST. DHARWAD -580011. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD R/BY ITS SLAO/MANAGING DIRECTOR NEAR KMF, LAKAMANAHALLI, DHARWAD -580004. …RESPONDENTS (BY SRI. SHIVASAI M PATIL, ADV FOR C/R1) THIS RFA IS FILED UNDER SECTION XLI RULE 1 OF CPC., PRAYING TO CALL FOR RECORDS, SET-ASIDE THE ORDER DATED 03.10.2023 PASSED ON I.A.NO-VII FILED U/ORDER VII RULE 11(D) R/W SEC. 151 OF CPC IN O.S.NO.153/2023 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER : CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - NC: 2025:KHC-D:1209-DB RFA No. 100221 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) After arguing the matter for sometime, learned counsel for the appellants seeks leave of the Court to withdraw the appeal with liberty to challenge the order passed by the Land Tribunal before the appropriate Forum. Memo is placed on record. The appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE kmv ct:BSB