- 1 - NC: 2025:KHC-D:3139-DB RFA No. 100496 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100496 OF 2022 (DEC/INJ) BETWEEN: JAYANAND S/O. KALABHAIRAV PURANIK AGE. 70 YEARS, OCC. ADVOCATE, R/O. 1ST CROSS, ”A” BLOCK, CHARANTIMATH GARDEN, DHARWAD-580001. …APPELLANT (BY SRIYUTHS. D.M.MALLI & BASAVARAJ B JALIHAL, ADVS) AND: 1. STATE OF KARNATAKA BY ITS DEPUTY COMMISSIONER, BELAGAVI. 2. THE EXECUTIVE ENGINEER KARNATAKA IRRIGATION DEPT H B C DIVISION ATHANI, TQ. ATHANI, DIST. BELAGAVI. 3. THE ASST. EXECUTIVE ENGINEER KARNATAKA IRRIGATION DEPT, H B C SUB DIV NO.3 ATHANI, HIPPARAGI, TQ. JAMKHANDI, DIST. BAGALKOT. 4. THE SPECIAL LAND ACQUISITION OFFICER HIPPARAGI PROJECT, NEAR RAGHAVENDRA MATH ATHANI, TQ. ATHANI, DIST. BELAGAVI. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R4) THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 08.07.2022 PASSED IN O.S.NO.08/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE JAMKHANDI, DISMISSING THE SUIT FILED FOR DECLARATION AND MANDATORY INJUNCTION. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.03.01 11:02:43 +0530 - 2 - NC: 2025:KHC-D:3139-DB RFA No. 100496 of 2022 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER : CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (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 file a suit for declaration, etc. 2. Submission is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn, with the aforesaid liberty. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE MBS CT: BSB List No.: 1 Sl No.: 18