- 1 - HC-KAR NC: 2025:KHC-D:12807 RSA No. 2462 of 2007 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. 2462 OF 2007 (RES) BETWEEN: 1. PANDITAPPA BALAPPA BANHATTI SINCE DECEASED BY HIS LRS 1A) SMT. SHOBHA W/O. VASANT MYAGERI AGE: 65 YEARS, OCC: HOUSEHOLD R/O: NO.5, GURUNATH NAGAR, ANAND NAGAR ROAD, OLD HUBBALLI-580024, DIST: DHARWAD. 1B) ASHOK S/O. PANDIT BANAHATTI AGE: 62 YEARS, OCC: WEAVER, R/O: ASHOK COLONY, MAIN ROAD, BANAHATTI-587311, TAL: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 1C) UMESH S/O. PANDIT BANAHATTI, AGE: 60 YEARS, OCC: TRADE, R/O: ASHOK COLONY, MAIN ROAD, BANAHATTI-587311, TAL: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 1D) SMT. SUJATA W/O. JANAPPA GASTI AGE: 58 YEARS, OCC: HOUSEHOLD MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.24 10:41:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12807 RSA No. 2462 of 2007 R/O: NO.6358, NEAR DATTA MANDIR, SHIVAJI NAGAR, BELAGAVI 590016. 1E) SMT. HANSA W/O. RAMESH PUJARI, AGE: 56 YEARS, OCC: HOUSEHOLD R/O: ‘MATHOSHRI NIVAS’, 1/2ND MAIN ROAD, BUDANI ROAD CROSS, SADASHIV NAGAR, MUDHOL-587313, DIST: BAGALKOT. 1F) SMT. RUPA W/O. RAJU MUDALAGI AGE: 53 YEARS, OCC: HOUSEHOLD, R/O: NO.51, MOOGI LAYOUT, MAHATMA GANDHI HOUSING COLONY, BAILHONGAL-591102, DIST: BELAGAVI. 1G) MARUTI S/O. PANDIT BANAHATTI AGE: 52 YEARS, OCC: DRIVER, R/O: ASHOK COLONY, MAIN ROAD, BANAHATTI-587311, TAL: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 1H) BALAPPA S/O. PANDIT BANAHATTI AGE: 49 YEARS, OCC: SERVICE, R/O: ASHOK COLONY, MAIN ROAD, BANAHATTI-587311. TAL: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 1I) SMT. PUSHPA W/O. MAYAPPA KULLOLI AGE: 47 YEARS, OCC: HOUSEHOLD, R/O: NEAR UPPARWADI, CHINCHALI-591217 TAL: RAIBAG, DIST: BELAGAVI. …APPELLANTS (BY SRI RAVI S. BALIKAI, ADVOCATE.) AND: THE CO-OPERATION DEVELOPMENT OFFICER, AND LIQUIDATION OFFICER, - 3 - HC-KAR NC: 2025:KHC-D:12807 RSA No. 2462 of 2007 HARIJAN WEAVERS’ CO-OPERATIVE SOCIETY LTD., BANAHATTI 587311, REPRESENTED BY THE CO-OPERATION DEVELOPMENT OFFICER AND LIQUIDATION OFFICER, TAL: JAMAKHANDI, DIST: BAGALKOT. …RESPONDENT (BY SRI M.KESHAVAREDDY, ADDITIONAL ADVOCATE GENERAL AND SRI PRAVEENA DEVAREDDIYAVARA, HCGP.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 27.06.2007, PASSED IN R.A.NO.130/2006, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.), JAMKHANDI AND CONFIRM THE JUDGMENT AND DECREE DATED 17.07.2006 PASSED IN O.S.NO.61/2003 BY THE LEARNED CIVIL JUDGE (JR.DN.), BANAHATTI AND ALLOW THIS APPEAL WITH COSTS, 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) It is submitted that amended cause title is filed on 30.07.2025. 2. Learned counsel for appellant has filed memo for withdrawal of the appeal, which reads as under: “HEREIN, the Memo filed on behalf of the Appellants is as under: - 4 - HC-KAR NC: 2025:KHC-D:12807 RSA No. 2462 of 2007 The Appellants submit that negotiations are going on with the Respondent for amicable settlement of the present dispute. As discussed in the settlement talks the Appellants have been advised by the elders to withdraw the above Appeal for the present. Hence the Appellants pray that this Hon'ble Court be pleased to permit them to withdraw the above Appeal to enable them to negotiate and settle the dispute amicably. The Appellants would also pray that this Hon'ble Court be pleased to reserve the liberty to the Appellants to REVIVE the case again, if the efforts for amicable settlement of dispute fail before the elders. The Affidavits of all the Appellants seeking permission to withdraw the Appeal are produced herewith the Memo. IT IS THEREFORE PRAYED that this Hon'ble Court be pleased to permit the Appellants to withdraw the above Appeal, reserving liberty to Revive the case again if the efforts for amicable settlement of the Dispute fail, in the interest of justice and equity.” 3. Along with the memo, the appellants counsel has filed affidavit of Smt.Shobha, Ashok, Umesh, Smt.Sujata, Smt.Hansa, Smt.Rupa, Maruti, Balappa, Smt.Pushpa along with copy of their Aadhar cards towards ID proof. - 5 - HC-KAR NC: 2025:KHC-D:12807 RSA No. 2462 of 2007 4. The learned Additional Advocate General Sri M.Keshavareddy submits that there is no amicable settlement of dispute between the parties. 5. Considering the memo, the same is placed on record. The appellants are permitted to withdraw this appeal reserving liberty to revive the case again if it is permissible in law. If any revival application is filed, the same would be considered in accordance with law. In view of the above observation, the appeal is disposed of as withdrawn. 6. In view of 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.: 1