- 1 - HC-KAR NC: 2025:KHC:30947 RSA No. 467 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 467 OF 2022 (INJ) BETWEEN: S.A.WAMIQ BEIG, S/O B.S. AMIR BEIG, AGED 72 YEARS, OCC: AGRICULTURIST, R/O 3RD CROSS, CLERKPET, SHIVAMOGGA – 577 201. …APPELLANT (BY SRI. PRASAD B.S., ADVOCATE) AND: SHARAVANA, S/O MANNAPPA, AGE: 40 YEARS, R/O K.K. COMPLEX FRONT ROAD, THUNGA CHANNEL LEFT, BEHIND JANATHA QUARTERS, SHIVAMOGGA – 577 201. …RESPONDENT (RESPONDENT - SERVED) *** THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 21.11.2020 PASSED IN R.A.NO.55/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM., AT SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.03.2019 PASSED IN O.S.NO.737/2016 ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC., AT SHIVAMOGGA. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30947 RSA No. 467 of 2022 THIS RSA, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant has filed a memo, seeking permission to withdraw the appeal. The memo reads as under: "The above appellant may kindly be permitted to withdraw the appeal with liberty to file a declaration suit on the very same cause of action. Hence this memo." 2. Placing the memo on record, the appeal is dismissed as withdrawn, with liberty to the appellant as prayed for. Sd/- (V SRISHANANDA) JUDGE BMV* List No.: 1 Sl No.: 61