- 1 - HC-KAR NC: 2025:KHC-D:14289 MSA No. 100220 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS SECOND APPEAL NO. 100220 OF 2025 BETWEEN: SHRI VIJAYKUMAR S/O. GANGAPPA BELAGAVI, AGE: 63, OCC: LEGAL PRACTIONER, R/O. CTS NO.6355/2A BHARAT NAGAR, SHAHPUR BELAGAVI CITY, DIST: BELGAUM-590003. …APPELLANT (BY SRI. ABHISHEK A. MULWADMATH, ADVOCATE) AND: SMT. NILAWWA W/O. BASAPPA KENCHARAHUT, AGE: 39 YEARS, OCCU: HOMEMAKER, R/O. CTS NO.6355/2A, BHARAT NAGAR, SHAHPUR, BELAGAVI CITY, DIST: BELGAUM-590003. …RESPONDENT THIS MSA IS FILED UNDER SECTION 104 OF CPC PRAYED THAT THE ORDER PASSED BY THE IST ADDITIONAL SENIOR CIVIL JUDGE BELAGAVI AT BELAGAVI IN MISC. APPEAL NO.57/2024 DATED 7/8/2025 MAY KINDLY BE SET ASIDE AND THE ORDER PASSED BY THE VITH ADDITIONAL CIVIL JUDGE IN O.S.NO.1166/2024 DATED 4/9/2024 BE RESTORED IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14289 MSA No. 100220 of 2025 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Memo filed seeking permission to withdraw the appeal is on record. Heard Sri.Abhishek A. Mulwadmath, learned counsel for the appellant. Permission as prayed for is accorded. Appeal is dismissed as withdrawn. Liberty is granted to the appellant to avail alternative remedy, if any provided under law. Documents filed, if any, which can be returned, be returned to the appellant. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 9