- 1 - HC-KAR NC: 2025:KHC-D:12333 MSA No. 100021 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS SECOND APPEAL NO. 100021 OF 2023 BETWEEN: 1. SRI. RAMESH S/O CHANDRASHEKAR ASANAGI AGE. 62 YEARS, OCC. BUSINESS, R/O. CHRISTIAN COLONY, GHANTIKERI ONI, HUBBALLI TQ. HUBBALLI, DIST. DHARWAD-580001. 2. SRI. PARASHURAM S/O TULAJANSA PATTAN AGE. 69 YEARS, OCC. BUSINESS, R/O.CHANDRANATH NAGAR HUBBALLI, TQ. HUBBALLI DIST. DHARWAD-580001. …APPELLANTS (BY SRI. G. I. GACHCHINAMATH, ADV) AND: 1. SHANKARACHARYA S/O GURUNATH ACHARYA KADLASKAR, AGE. 53 YEARS, OCC. SERVICE, R/O. PRATHAMSHETTY ONI, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580001. 2. SMT. ASHWINI W/O RAMACHARYA KADLASKAR AGE. 54 YEARS, OCC. HOUSEHOLD WORK, R/O. PRATHAMSHETTY ONI, HUBBALLI TQ. HUBBALLI, DIST. DHARWAD-580001. 3. KUMARI SOUGNYA D/O RAMACHARYA KADLASKAR AGE. 33 YEARS, OCC. HOUSEHOLD WORK, R/O. PRATHAMSHETTY ONI, HUBBALLI TQ. HUBBALLI, DIST. DHARWAD-580001. 4. KUMAR SOMACHARYA S/O RAMACHARYA KADLASKAR MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12333 MSA No. 100021 of 2023 AGE. 32 YEARS, OCC. STUDENT, R/O. PRATHAMSHETTY ONI, HUBBALLI TQ. HUBBALLI, DIST. DHARWAD-580001. …RESPONDENTS (BY SRI. DINESH M KULKARNI, ADV FOR R1 TO R4) THIS MSA IS FILED U/SEC.43 RULE 1 (U) OF CPC., PRAYING TO CALL FOR THE RECORDS IN RESPECT OF THE IMPUGNED JUDGMENT AND DECREE DATED 27.02.2023 MADE IN RA NO. 38/2019 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI AND THE JUDGMENT AND DECREE DATED 19.11.2018 MADE IN OS NO. 179/2013 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 27.02.2023 MADE IN RA NO.38/2019 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI AND CONFIRM THE JUDGMENT AND DECREE DATED 19.11.2018 MADE IN OS NO.179/2013 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellants filed a memo seeking leave of the Court to withdraw the appeal with liberty to file a fresh Regular Second Appeal before this Court. Memo is placed on record. - 3 - HC-KAR NC: 2025:KHC-D:12333 MSA No. 100021 of 2023 The appeal is dismissed as withdrawn with the aforesaid liberty. The Office is directed to return the certified copy of the impugned judgment after retaining a photocopy of the same. In view of dismissal of the appeal I.A.2/2023 does not survive for consideration. Accordingly, stands disposed off. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB