- 1 - NC: 2025:KHC-D:412 RSA No. 100411 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100411 OF 2018 (DEC/INJ-) BETWEEN: SRI. RAVINDRA S/O. VENKATARMANA BHAT, AGED ABOUT: 55 YEARS, OCC: PRIEST, R/AT: GOKARNA, TQ: KUMTA, DIST: U.K., PRESENTLY R/AT: CTS NO.1457/B-53, SANKALPA LAYOUT, KHB COLONY, VIJAY NAGAR, HINDALGA, BELAGAVI-590008. …APPELLANT (BY SRI. MRUTYUNJAY TATA BANGI & SRI. S.S. YALIGER ADVS) AND: 1. SMT.PARVATI W/O. PRABHAKAR RAIKAR, AGED ABOUT: 54 YEARS, OCC: HOUSEWIFE, R/AT: GOKARNA, TQ: KUMTA (UK)-581326. 2. SRI.PRADEEP S/O RAMANAND NAIK, AGED ABOUT: 49 YEARS, OCC: AGRICULTURE, R/AT: DEVARABHAVI, TQ: KUMTA (UK)-581326. SRI.VENKATA NAGAPPA GOWDA SINCE DECEASED BY LRS, V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.10 16:43:57 +0530 - 2 - NC: 2025:KHC-D:412 RSA No. 100411 of 2018 3. SMT.MADEVI VENTAKA GOWDA, AGED ABOUT: 43 YEARS, OCC: HOUSEHOLD, R/AT: ALADAKERI, GOKARNA, TQ: KUMTA (UK)-581326. 4. SMT.SHOBHA VENKTA GOWDA AGED ABOUT: 33 YEARS, OCC: HOUSEHOLD, R/AT: ALADAKERI, GOKARNA, TQ: KUMTA (UK)-581326. 5. SRI.MOHAN VENKTA GOWDA, AGED ABOUT: 32 YEARS, OCC: AGRICULTURE, R/AT: ALADAKERI, GOKARNA, TQ: KUMTA (UK)-581326. 6. SRI.HAMMI VENKTA GOWDA, AGED ABOUT: 28 YEARS, OCC: HOUSEHOLD, R/AT: ALADAKERI, GOKARNA, TQ: KUMTA (UK)-581326. 7. SRI.SADANANDA VENKTA GOWDA, AGED ABOUT: 27 YEARS, OCC: AGRICULTURE, R/AT: ALADAKERI, GOKARNA, TQ: KUMTA (UK)-581326. 8. SRI.SHRIDHAR VENKATA GOWDA, AGED ABOUT: 24 YEARS, OCC: AGRICULTURE, R/AT: ALADAKERI, GOKARNA, TQ: KUMTA (UK)-581326. 9. MISS.BHARATI VENKATA GOWDA, AGED ABOUT: 22 YEARS, OCC: HOUSEHOLD, R/AT: ALADAKERI, GOKARNA, TQ: KUMTA (UK)-581326. 10. SRI.SHIVARAM KRISHNA BHAT, HAVAGUDI, AGED ABOUT: 54 YEARS, OCC: PRIEST, - 3 - NC: 2025:KHC-D:412 RSA No. 100411 of 2018 R/AT: GOKARNA, TQ: KUMTA (UK)-581326. …RESPONDENTS (R2, R5 & R9 – SERVICE OF NOTICE HELD SUFFICIENT; R1, R3, R4, R6 – R8 – NOTICE SERVED; SRI. DINESH M. KULKARNI, ADVOCATE FOR R10) ------ THIS RSA IS FILED U/SEC.100 OF CPC, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE, KUMTA PASSED IN R.A.NO.23 OF 2014 DATED 14.07.2017 AND THE JUDGMENT AND DECREE PASSED BY THE ADDL. CIVIL JUDGE, KUMTA PASSED IN O.S.NO.104 OF 2008 DATED 28.10.2014 AND DISMISS THE SUIT WITH COSTS THROUGHOUT BY ALLOWING THE PRESENT APPEAL IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. The appellant is also present before this Court and submits that he may be permitted to withdraw the appeal. Memo seeking withdrawal of the appeal is accepted and accordingly, the appeal stands dismissed as withdrawn. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 1 Sl No.: 3.1