- 1 - NC: 2025:KHC-D:1493-DB RFA No. 100298 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100298 OF 2020 BETWEEN: 1. SRI. ARUNKUMAR C.R AGE: 52 YEARS, OCC: BUSINESS R/O: “ARUNDHATI”, H.NO 256 MAIN ROAD, CHANNABASAVESHAR NAGAR, DHARWAD-580001. REP BY SPA HOLDER, CHIKKAGUNDANAHALLI S/O KENGAPPA RUDRAMUNIAPPA AGE: MAJOR, OCC: PENSIONER, R/O: ARUNDHATI, H.NO.256, MAIN ROAD, CHANNABASAVESHWAR NAGAR, DHARWAD-580001. …APPELLANT (BY SRI. SHIVASAI M PATIL, ADV) AND: SURESH S/O KANAKAPPA JAKARADDI, SINCE DECEASED BY HIS LRS 1. ANJANA W/O SURESH JAKARADDI, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O: MANGALAGATTI PLOT, SADHANAKERI, DHARWAD-580008. 2. ARCHANA D/O SURESH JAKARADDI, AGE: 24 YEARS, OCC: STUDENT, Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1493-DB RFA No. 100298 of 2020 R/O: MANGALAGATTI PLOT, SADHANAKERI, DHARWAD-580008. 3. WANI D/O SURESH JAKARADDI, AGE: 22 YEARS, OCC: HOUSEHOLD, R/O: MANGALAGATTI PLOT, SADHANAKERI, DHARWAD-580008. 4. ANILKUMAR S/O NAGAIAH SHETTY AGE: 54 YEARS, OCC: BUSINESS, R/O: NO. 21/6, CRAIG PARK LAYOUT, M.G.ROAD, BENGALURU-560001. 5. SUNILKUMAR S/O NAGAIAH SHETTY AGE: 52 YEARS, OCC: BUSINESS, R/O: NEAR SP OFFICE, PHQ ROAD, DHARWAD-580008. 6. SHILPA D/O NAGAIAH SHETTY AGE: 45 YEARS, OCC: BUSINESS, R/O: SADASHIV NAGAR, BENGALURU-560080. …RESPONDENTS (BY SRI. MADANMOHAN M KHANNUR & MISS. VINUTHA KHANNUR, ADVS FOR R5 NOTICE TO R1 TO R4 & R6 ARE SERVED) RFA FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DTD.22.06.2020 PASSED IN O.S.NO.115/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DHARWAD, DISMISSING THE SUIT FILED FOR RECOVERY OF DEMOLISHED PROPERTY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1493-DB RFA No. 100298 of 2020 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) After arguing the matter for some time, learned counsel for the appellant seeks leave of the court to withdraw the appeal with liberty to challenge the order passed in W.P.No.21585/2015. Submission is placed on record. Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE SKS