- 1 - NC: 2025:KHC-D:7042-DB RFA No. 100018 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH 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. 100018 OF 2025 (SP) BETWEEN: SHRI. SHIVAPPA S/O. MARUTI JAMBAGI AGE: 57 YEARS, OCC: AGRICULTURE, R/O. HARUGERI-591220, TQ: RAIBAG, DIST: BELAGAVI. …APPELLANT (BY SRI. KIRANKUMAR CHATTIMATH, ADVOCATE) AND: SHRI. BHAGAVANT S/O. SATTEPPA BANTI AGE: 50 YEARS, OCC: AGRICULTURE, R/O. HARUGERI-591220, TQ: RAIBAG, DIST: BELAGAVI. …RESPONDENT (BY SRI. R.H.ANGADI, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC 1908 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 10.07.2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, RAIBAG IN O.S.NO.178/2021 IN PARTLY DECREEING THE SUIT, AS NULL AND VOID AND DISMISS THE SUIT. THIS APPEAL COMING ON FOR FURTHER HEARING 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 MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.02 15:00:20 +0530 - 2 - NC: 2025:KHC-D:7042-DB RFA No. 100018 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) Today learned counsel for the appellant has filed a memo after securing instructions from the appellant. In the memo, the appellant intends to withdraw the appeal as he is not interested in prosecuting the appeal. A prayer is also made in the memo to direct the registry to refund the court of Rs.1,57,916/-. Memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. Registry shall examine the relevant provision and refund the court fee, in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE MBS Ct:vh List No.: 1 Sl No.: 30