- 1 - HC-KAR NC: 2025:KHC:32974 RSA No. 840 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 840 OF 2022 (INJ) BETWEEN: MR RAMESH K ACHARYA S/O KOGGA ACHARYA AGED ABOUT 65 YEARS R/AT: AKSHAYA MATADAKANI 4TH CROSS ROAD, BOLOOR MANGALURU – 575 006 …APPELLANT (BY SRI. UDAYA PRAKASH M., ADVOCATE) AND: MR. PRABHAKAR P M S/O PADMANBHA ADULT R/AT DEVI KRIPA, MATADAKANI 4TH CROSS ROAD MANGALURU – 575 006 …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.02.2022 PASSED IN RA.NO.30/2016 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM , MANGAURU . DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.10.2015 PASSED IN O.S.NO.106/2011 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, MANGALURU D.K, AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32974 RSA No. 840 of 2022 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing the matter for sometime, learned counsel for the appellant filed a memo seeking leave of the Court to withdraw the appeal with liberty to file a comprehensive suit. 2. Memo is placed on record. Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE SSB List No.: 1 Sl No.: 18