- 1 - NC: 2025:KHC-D:6605-DB MFA No. 101522 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101522 OF 2025 (ISA) BETWEEN: MANOHAR S/O. MALLANAGOUDA DESAI, AGE. 83 YEARS, OCC. AGRICULTURE, R/O. SULLA, TQ. BADAMI, DIST. BAGALKOT-587201. …APPELLANT (BY SRI. H.N. GULARADDI, ADVOCATE) AND: RIKOLV HATLEHOL DESAI S/O. SHIVANGOUDA @ SADANAND DESAI, AGE. 48 YEARS, OCC. PROFESSIONAL, R/O. 52 QUEENS WALK, HARROW, HAI XS, UNITED KINGDOM, BY HIS GPA HOLDER VIJAYKUMAR S/O. SHARANAPPAGOUDA DESAI, AGE. 72 YEARS, OCC. AGRICULTURE, R/O. 3194/54, LAXMI NAGAR, BADAMI, TQ. BADAMI, DIST. BAGALKOT-587201. …RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 384 OF THE INDIAN SUCCESSIONS ACT, 1925, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.12.2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, GADAG IN P AND S.C.NO.09/2024 BEGS TO PREFER THIS MISCELLANEOUS FIRST APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6605-DB MFA No. 101522 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned counsel for the appellant seeks leave of this Court to withdraw the appeal with liberty to invoke Section 383 of the Indian Succession Act, 1925. Submission of learned counsel for the appellant is placed on record. The appeal stands dismissed as withdrawn with the above liberty. Pending applications, if any, do not survive for consideration and accordingly, they are disposed off. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP CT: UMD List No.: 1 Sl No.: 35