- 1 - NC: 2025:KHC-D:35-DB RFA No. 100254 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH 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.100254 OF 2019 BETWEEN: MAHESHWAR PATIL S/O. TIMMANAGOUDA AGE: 41 YEARS, OCC: AGRICULTURE, R/O: MALLAPUR-582 209, TQ: RON, DIST: GADAG. …APPELLANT (BY SRI. C.S.SHETTAR, ADVOCATE) AND: 1. SHRI. CHANDRASHEKARAGOUDA S/O. SANGANAGOUDA PATIL SINCE DECEASED BY HIS LR’s., SHRI. NINGANAGOUDA @ RAMANAGOUDA S/O. CHANDRASHEKARAGOUDA PATIL, SINCE DECEASED BY HIS LR’s, SMT. GOURAMMA W/O. RAMANAGOUDA PATIL, AGE: 61 YEARS, OCC: HOUSEHOLD, R/O: BETAGERI-582 102, TQ/DIST: GADAG. 2. SHRI. GIRIYAPPAGOUDA S/O. RAMANAGOUDA PATIL, SINCE DECEASED BY HIS LR’s., Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA Date: 2025.01.15 14:45:37 +0530 - 2 - NC: 2025:KHC-D:35-DB RFA No. 100254 of 2019 2(A). GOURAVVA W/O. RAMANAGOUDA PATIL DECEASED. 2(B). UMA W/O. GIRIYAPPAGOUDA PATIL AGE: 39 YEARS, OCC: HOMEMAKER, R/O. KALLI ONI, BETAGERI, TQ AND DIST: GADAG. 2(C). KUMARI CHANDANA D/O. GIRIYAPPAGOUDA PATIL, AGE: 14 YEARS, OCC: STUDENT, MINOR THROUGH HER NATURAL GUARDIAN/NEXT FRIEND, UMA W/O. GIRIYAPPAGOUDA PATIL, AGE: 31 YEARS, OCC: HOMEMAKER, R/O. KALLI ONI, BETAGERI, TQ AND DIST: GADAG. 2(D). KUMARI NETRAVATHI D/O. GIRIYAPPAGOUDA PATIL, AGE: 12 YEARS, OCC: STUDENT, MINOR THROUGH HER NATURAL GUARDIAN/NEXT FRIEND, UMA W/O. GIRIYAPPAGOUDA PATIL, AGE: 31 YEARS, OCC: HOMEMAKER, R/O. KALLI ONI, BETAGERI, TQ AND DIST: GADAG. 2(E). KUMAR CHANDRASHEKHARGOUDA S/O. GIRIYAPPAGOUDA PATIL, AGE: 08 YEARS, OCC: STUDENT, MINOR THROUGH HIS NATURAL GUARDIAN/NEXT FRIEND, UMA W/O. GIRIYAPPAGOUDA PATIL, AGE: 31 YEARS, OCC: HOMEMAKER, R/O. KALLI ONI, BETAGERI, TQ AND DIST: GADAG. 3. SMT. GEETA W/O. NINGANAGOUDA PATIL AGE: 35 YEARS, OCC: HOUSEHOLD, R/O: BETAGERI-582 102, TQ/DIST: GADAG. 4. THE SPECIAL LAND ACQUISITION OFFICER - 3 - NC: 2025:KHC-D:35-DB RFA No. 100254 of 2019 AND THE ASSISTANT COMMISSIONER, GADAG DIVISION, GADAG-582 101. 5. THE SECRETARY AGRICULTURAL PRODUCE MARKETING COMMITTEE, GADAG-582 101. …RESPONDENTS (BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R1 AND R3; SRI. S.B.DODDAGOUDAR, ADVOCATE FOR R2(B); (R2(C) TO R2(E) ARE MINORS R/BY R2(B)); SRI. P.N.HATTI, ADDL. GOVT. ADV. FOR R4; SRI. K. ANAND KUMAR, ADVOCATE FOR R5; R2(A) IS DECEASED; (R2(B) TO R2(E) AND R3 ARE LR’s OF R2(A) VIDE ORDER DATED 23.05.2023)) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.02.2019 PASSED IN EX.NO.122/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, GADAG, REJECTING THE IA IV FILED BY THE IIIRD PARTY APPLICANT (OBSTRUCTER) U/O 21 RULE 97 R/W SEC.151 OF C.P.C. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA - 4 - NC: 2025:KHC-D:35-DB RFA No. 100254 of 2019 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 a liberty to agitate his grievance in OS No.186/2017 pending on the file of the Senior Civil Judge, Gadag. Counsel submission is placed on record. Appeal is dismissed as withdrawn with the aforesaid liberty. All the contentions of the parties are kept open. Liberty is reserved to the appellant to file necessary application in the aforesaid suit. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE HMB Ct:vh List No.: 1 Sl No.: 17