- 1 - HC-KAR NC: 2025:KHC-D:13980 RSA No. 100108 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100108 OF 2019 (DEC) BETWEEN: 1. LAXMANRAJ S/O. SOMAPPA MELAGERI, AGE: 54 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. TILAVALLI, TQ. HANGAL, DIST. HAVERI-581120. 2. NAGENDRA S/O. SOMAPPA MELAGERI, AGE: 49 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. TILAVALLI, TQ. HANGAL, DIST. HAVERI-581120. …APPELLANTS (BY SRI. M.G. KUDAVAKKALIGER, ADVOCATE) AND: 1. SHIVANAND S/O. LAXMANAPPA ILIGER, AGE: 67 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. TILAVALLI, TQ. HANGAL, DIST. HAVERI-581120. 2. CHANDRAKANT S/O. LAXMANAPPA ILIGER AGE: 64 YEARS, OCC. AGRICULTURE, R/O. TILAVALLI, TQ. HANGAL, DIST. HAVERI-581120. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.17 11:05:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13980 RSA No. 100108 of 2019 3. SUBHASH S/O. LAXMANAPPA ILIGER AGE: 54 YEARS, OCC. AGRICULTURE, R/O. TILAVALLI, TQ. HANGAL, DIST. HAVERI-581120. 4. PARASHURAM S/O. LAXMANAPPA ILIGER AGE: 52 YEARS, OCC. AGRICULTURE, R/O. TILAVALLI, TQ. HANGAL, DIST. HAVERI-581120. 5. GANESH S/O. SHIVAMURTEPPA ILIGER AGE: 49 YEARS, OCC. AGRICULTURE and BUSINESS, R/O. TILAVALLI, TQ. HANGAL, DIST. HAVERI-581120. …RESPONDENTS (BY SRI. VANAMALA A. MOTE, SRI. C.S. DANDIN AND SRI. M.B. HUJARTI, ADVOCATE FOR R1 TO R5) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI, DATED 28.09.2018 IN REGULAR APPEAL NO.68/2007 AND THE JUDGMENT AND DECREE PASSED BY THE CIVIL JUDGE (SR.DN.) AND JMFC, HANGAL DATED 26.09.2007 IN O.S.NO.9/2004 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13980 RSA No. 100108 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal, which reads as under: “MEMO TO DISPOSE OFF THE CASE AS WITHDRAWN Herein, As per the instructions given by my Clients the advocate for the Appellants most humbly submits as under; As the matter has been amicably settled out of the court between the parties and reported before the Senior Civil Judge and JMFC Court Hangal in OS No. 22/2003 Dated 02-03-2019 compromise decree was passed Hence appellants are not interested to proceed with the Appeal further prayed to permit me to withdraw the Reguler Second Appeal as not pressed in the interest of justice and equity.” 2. In view of the said memo, the appeal stands dismissed as withdrawn. 3. The Court fee paid by the appellants shall be refunded as per rules. The original records filed by the appellant shall also be returned. - 4 - HC-KAR NC: 2025:KHC-D:13980 RSA No. 100108 of 2019 4. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (C M JOSHI) JUDGE RKM/ct:pa List No.: 1 Sl No.: 6