- 1 - NC: 2025:KHC-D:6781-DB RFA No. 100209 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO.100209 OF 2019 (DEC/INJ) BETWEEN: SURESH S/O. YELLAPPA KAWLOR, AGE: 38 YEARS, OCC: BUSINESS, R/O: BHAGYANAGAR, TQ: AND DIST: KOPPAL-583231. …APPELLANT (BY SRI. DINESH M.KULKARNI, ADVOCATE) AND: 1. RAGHAVENDRA S/O. LATE KEDEKAR KRISHNABHAT PUROHIT, AGE: 52 YEARS, OCC: BUSINESS, R/O: TQ AND DIST: KOPPAL-583231. 2. SRINIVAS S/O. LATE KEDEKAR KRISHNABHAT, AGE: 49 YEARS, OCC: BUSINESS, R/O: TQ AND DIST: KOPPAL-583231. 3. SMT. BHAVANI AGNIHOTRI @ SUMALATHA KULKARNI, W/O. SUBARAO KULKARNI, AGE: 57 YEARS, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.25 14:29:33 +0530 - 2 - NC: 2025:KHC-D:6781-DB RFA No. 100209 of 2019 OCC: HOUSEHOLD, R/O: H.NO-8-11-173, NGO COLONY, DIST: RAICHUR-584101. 4. RENUKA W/O. HANMANTHACHAR JAGIRDAR, AGE: 53 YEARS, OCC: HOUSEHOLD, R/O: YELBURGA, DIST: KOPPAL-583236. …RESPONDENTS (BY SRI. RAGHAVENDRA A.PUROHIT, ADV. FOR R3 AND R4) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 14.02.2019 PASSED IN O.S.NO.61/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, KOPPAL, IN SO FAR AS DISMISSING THE COUNTER CLAIM AS NULL AND VOID AND DISMISS THE SUIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL IS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA - 3 - NC: 2025:KHC-D:6781-DB RFA No. 100209 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) Memo dated 23.04.2025 is filed seeking withdrawal of the appeal. The said memo is taken on record. Appeal is dismissed as withdrawn. In view of disposal of the appeal, pending I.A’s, if any, do not survive for consideration and the same are dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE AM Ct:vh List No.: 1 Sl No.: 1