- 1 - NC: 2025:KHC-D:5558 MFA No. 103888 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 103888 OF 2024 (MV) BETWEEN: YAMANURSAB S/O. KHAJESAB DUNDUR, AGE 28 YEARS, OCC: DRIVER, R/O. NAGAVI-582103, TQ & DIST. GADAG. …APPELLANT (BY SRI. C. S. SHETTAR, ADVOCATE) AND: 1. KUMAR SAMARTH S/O. SHANKARAYYA KUDLAPPANAVAR, AGE 14 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY HIS NEXT FRIEND/ NATURAL GUARDIAN/ FATHER SHANKARAYYA S/O. SHIVAYYA KUDLAPPANAVAR, AGE 43 YEARS, OCC: ENGINEER, R/O. ANAND NEELAYA, BEHIND DR. ACHARYA HOSPITAL, GADAG-582101, TQ & DIST. GADAG. 2. YALLAPAP S/O. FAKKIRAPAP BARKER, AGE 61 YEARS, OCC: BUSINESS, (OWNER OF TAM TAM AUTO RICKSHAW) R/O.HIREHANDIGOL-582205, TQ & DIST: GADAG. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ADMIT THE APPEAL AND CALL FOR THE RECORDS AND ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND AWARD IN M.V.C NO.148/2021 DATED 08.02.2023 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE & CJM, GADAG AND THEREBY DISMISS THE PETITION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5558 MFA No. 103888 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Learned counsel for the appellant files a memo seeking permission to withdraw the appeal since the matter is settled between the parties before the Executing Court. 2. Memo is placed on record. 3. Appeal is dismissed as withdrawn in view of the memo filed by the appellant. 4. Learned counsel for the appellant submits that statutory deposit made by the appellant shall be refunded to the appellant. Said submission is accepted. 5. Registry is directed to refund statutory deposit, if any, to the appellant on due acknowledgment. Sd/- (UMESH M ADIGA) JUDGE KGK/ CT-AN List No.: 1 Sl No.: 49