- 1 - HC-KAR NC: 2025:KHC-D:7993 RSA No. 5072 of 2011 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.5072 OF 2011 (PAR) BETWEEN: SRI. JAKKAPPA BHAIRU BANAGE, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: BHIRDI, TQ: RAIBAG, DIST: BELAGAVI – 590 001. …APPELLANT (BY SRI. SURABHI KULKARNI, ADVOCATE) AND: 1. SRI. PUNDALIK BHAIRU BANAGE, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: BHIRDI, TQ: RAIBAG, DIST: BELAGAVI – 590 001. 2. SRI. SRI. MAHADEV BHAIRU BANAGE, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: BHIRDI, TQ: RAIBAG, DIST: BELAGAVI – 590 001. 3. SRI. SADASHIV ANNAPPA DALAVAI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: BHIRDI, TQ: RAIBAG, DIST: BELAGAVI – 590 001. 4. SRI. SOMALING ANNAPPA DALAVAI, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: KHATAV VILLAGE (IN MAHARASTRA) AND AT BHIRDI, TQ: RAIBAG, DIST: BELAGAVI – 590 001. …RESPONDENTS (BY SRI. C.S.SHETTAR, ADVOCATE FOR R1(B TO E); V/O DATED: 22.08.024 APPEAL AGAINST R1(A) STANDS ABATED) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7993 RSA No. 5072 of 2011 THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.01.2011 IN RA NO.9/2008(OLD NO.132/2005) ON THE FILE OF SENIOR CIVIL JUDGE RAIBAG, CONFIRMING THE JUDGMENT AND DECREE DATED 23.08.2005 IN O.S.NO.250/2002 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, RAIBAG IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) Memo dated 22.06.2025 is filed by the learned counsel for the appellant, which is duly signed by the Special Power of Attorney holder of the appellant. Memo is taken on record. In light of the memo, the appeal is dismissed as withdrawn. Pending applications, if any, do not survive for consideration. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 46