- 1 - HC-KAR NC: 2025:KHC-D:12806 RSA No. 5721 of 2009 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5721 OF 2009 (PAR) BETWEEN: 1. NINGAREDDI SOMARADDI SOMAPUR, AGE: 27 YEARS, OCC: AGRICULTURE, R/O.KONNUR, TALUK: NARGUND, DISTRICT: GADAG. (SINCE DECEASED, BY HIS L.RS.) 1A) SMT. LAXMI W/O. NINGARADDI SOMAPUR AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR DYAMAMMA TEMPLE, KONNUR, TQ. NARAGUND, DIST: GADAG 582206. 1B) KUMARI ANJALI D/O. NINGARADDI SOMAPUR AGE: 22 YEARS, OCC: STUDENT, R/O: NEAR DYAMAMMA TEMPLE, KONNUR, TQ. NARAGUND, DIST: GADAG-582206. 1C) KUMAR SOMARADDI S/O. NINGARADDI SOMAPUR, AGE: 17 YEARS, OCC: STUDENT, R/O: NEAR DYAMAMMA TEMPLE, KONNUR, TQ. NARAGUND, DIST. GADAG-582206. (SINCE MINOR, REPRESENTED BY HIS NEXT FRIEND HIS MOTHER AND MINOR GUARDIAN APPLICANT NO.1 SMT. LAXMI W/O. NINGARADDI SOMAPUR) &APPELLANTS (BY SRI B.V. SOMAPUR AND SMT. N.B. SOMAPUR, ADVOCATES FOR A1(A TO C).) MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.24 10:41:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12806 RSA No. 5721 of 2009 AND: 1. SMT. TULASAVVA W/O. HANAMAREDDI SOMAPUR AGE: 86 YEARS, OCC: HOUSEHOLD WORK, R/O: VASAN, TQ: NARAGUND, DIST: GADAG DECEASED BY HER LR. 1A) TULASIGIRIGOUDA BASANAGOUDA PATIL AGE: 65 YEARS, OCC: AGRICULTURE, R/O: VASAN, TQ: NARAGUND, DIST: GADAG-582206 (SINCE DECEASED BY HIS LRS) 1A(I) SMT. GEETA W/O. TULASIGIGOUDA PATIL AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: VASAN TQ: NARGUND, DIST: GADAG-582206. 1A(II) MANJULA D/O. TULASIGIGOUDA PATIL AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O: VASAN TQ: NARGUND, DIST: GADAG-582206. 1A(III) RAGHAVENDRAGOUDA S/O. TULASIGIGOUDA PATIL AGE: 32 YEARS, OCC: AGRICULTURE R/O: VASAN TQ: NARGUND, DIST: GADAG-582206. 1A(IV) BASANAGOUDA S/O. TULASIGIGOUDA PATIL AGE: 29 YEARS, OCC: AGRICULTURE R/O: VASAN TQ: NARGUND, DIST: GADAG-582206. &RESPONDENTS (BY SRI V.G. BHAT AND SRI SURAJ M. KATAGI, ADVOCATES FOR R1(A) (I-IV).) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT & DECREE DATED 20.10.2009 PASSED IN R.A.NO.8/2002 ON THE FILE OF THE DISTRICT AND SESSIONS - 3 - HC-KAR NC: 2025:KHC-D:12806 RSA No. 5721 of 2009 JUDGE, GADAG, AND THE JUDGMENT DATED 20.06.1997 AND THE DECREE PASSED IN O.S.NO.108/1991, ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE & CJM, DHARWAD, AND TO DECREE THE SUIT AS PRAYED FOR IN THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The appellants counsel has filed a memo for withdrawal of the appeal, which reads as under: Herein, the advocate for the appellant respectfully submit as under: That, the appellants in this appeal have settled the dispute before the elders and have filed compromise petition in RFA No.100579/2019 (Dec/Inj), and in terms of the said compromise petition, the said appeal RFA No.100579/2019 is disposed off. The copy of the order in RFA No.100579/2019 is produced along with this memo. Hence, the appellants in this appeal intends to withdraw the appeal as the dispute is settled between the parties. Hence, the appellants may kindly be permitted to withdraw this appeal, and the appeal may be disposed as withdrawn, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:12806 RSA No. 5721 of 2009 2. The memo is placed on record. In view of the memo, the appellants are permitted to withdraw the appeal. Accordingly, the appeal is disposed of as withdrawn. 3. In view of the disposal of the appeal, pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 2