- 1 - HC-KAR NC: 2025:KHC-D:11353 RSA No. 100015 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100015 OF 2024 (POS) BETWEEN: SHRI. RAJASHKAR S/O. SIDDALINGAPPA BENNI AGE. 40 YEARS, OCC. BUSINESS, R/O. MRITUNJAYA NAGAR, A.P.M.C. YARD, DHARWAD-580001. …APPELLANT (BY SRI. S.G. KADADAKATTI, ADVOCATE) AND: 1. BASETEPPA @ BASAVARAJ S/O. GANGADHAR MENASINKAI AGE. 40 YEARS, OCC. BUSINESS, R/O. MRITUNJAYA NAGAR, A.P.M.C. YARD, DHARWAD-580001. 2. MAHESH S/O. GANGADHAR MENASINKAI AGE. 44 YEARS, OCC. BUSINESS, R/O. MRITUNJAYA NAGAR, A.P.M.C. YARD, DHARWAD-580001. …RESPONDENTS (BY SRI. SATISH S. RAICHUR, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.08.2023 PASSED IN R.A.NO.126/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, AT DHARWAD, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.10.2021 CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Date: 2025.09.09 10:54:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11353 RSA No. 100015 of 2024 PASSED IN O.S. NO.272/2009 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS-II, DHARWAD, DISMISSING THE SUIT FILED FOR POSSESSION AND SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA ) 1. Learned counsel for the appellant has filed a memo for withdrawal of the appeal. The memo reads as under: “That the appellant most respectfully submits that the parties in this appeal have settled the dispute amicably in O.S.No.63/2018 on the file of III Addl. Civil Judge and JMFC, Dharwad on 14.12.2024 and in view of the settlement of dispute, the appellant most respectfully submits the above may kindly be disposed off as settled between the parties. In view of that, the Registry may kindly be ordered to refund entire Court Fees in favor of the appellant in the ends of justice and equity.” 2. Memo is taken on record. 3. In view of the memo, the appeal is disposed of. - 3 - HC-KAR NC: 2025:KHC-D:11353 RSA No. 100015 of 2024 4. The Registry is directed to refund the entire court fee to the appellant upon proper identification, as per the Rules. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 54