- 1 - HC-KAR NC: 2025:KHC-D:16082 RSA No. 5495 of 2012 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.5495 OF 2012 (POS) BETWEEN: ACHUT S/O. SHRINIVAS KEMBHAVI, AGE: 55 YEARS, OCC. BUSINESS, R/O. CLIFTON, 92/1, CLUB ROAD, HUBBALLI, DIST. DHARWAD-580020. …APPELLANT (BY SRI.HARSH DESAI, ADVOCATE) AND: 1. MADHURA DEVELOPERS PVT. LTD. BY ITS MANAGING DIRECTOR, SHRI RAMESH KALLAPPA SHETTY, MADHURA ESTATE, KESHWAPUR, HUBBALLI, DIST. DHARWAD-580023. 2. VICTOR S/O. SIDNEY DWARTE, AGE: MAJOR, OCC. BUSINESS, R/O. CLIFTON, 92/1, CLUB ROAD, HUBBALLI, DIST. DHARWAD-580020. 3. JAGADISH S. SHETTAR AGE: MAJOR, OCC. ADVOCATE, LEADER OF OPPOSITION IN THE STATE ASSEMBLY, NOW CABINET MINISTER OF STATE OF KARNATAKA, R/O. MADHURA ESTATE, HUBBALLI, DIST. DHARWAD. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.24 10:19:31 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16082 RSA No. 5495 of 2012 4. ANAND S/O. SHRINIVAS KEMBHAVI, SINCE DECEASED REPRESENTED BY HIS LRS. 4A. MRS. ARUNA W/O. ANANT KEMBHAVI, AGE: 61 YEARS, OCC. HOUSEWIFE, R/O.NO.60, SAHAWAS HOUSING SOCIETY, KARVE NAGAR, PUNE-411052. 4B. MR. ANISH S/O. ANANT KEMBHAVI, AGE: 35 YEARS, OCC. SERVICE, R/O.NO.60, SAHAWAS HOUSING SOCIETY, KARVE NAGAR, PUNE-411052. 4C. MR. AADIT S/O. ANANT KEMBHAVI, AGE: 28 YEARS, OCC. SERVICE, R/O.NO.60, SAHAWAS HOUSING SOCIETY, KARVE NAGAR, PUNE-411052. …RESPONDENTS (BY SRI. A.S. PATIL, ADVOCATE FOR C/R1; R2-DELETED; SRI. PRAKASH K. JAWALKAR, ADVOCATE FOR R3; R4(C)-NOTICE SERVED; R4(A) AND R4(B)-HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 OF C.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.10/2008 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE, HUBBALLI DATED 09.03.2012 REVERSING THE JUDGMENT AND THE DECREE PASSED IN O.S. NO.295/2002 PASSED BY THE III ADDL. CIVIL JUDGE (JR.DN.) HUBBALLI DATED 01.12.2007, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16082 RSA No. 5495 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI ) Learned counsel appearing for the appellant has filed a memo, under the signature of the appellant, seeking withdrawal of the appeal. Paragraph Nos.4 and 5 of the said memo read as below: “MEMO FOR WITHDRAWAL 4. The Appellant upon re-consideration of the entire matter, does not wish to pursue the present Regular Second Appeal any further. Consequently, Appellant therefore seeks leave of this Hon'ble Court to withdraw the present Regular Second Appeal unconditionally and without reserving liberty to file any fresh proceedings in respect of suit schedule property. 5. In view of the above, the Appellant prays that this Hon'ble Court may be pleased to permit him to withdraw the present Regular Second Appeal, and thereby the judgment and decree dated 09-03-2012 passed by the Court of I Additional Senior - 4 - HC-KAR NC: 2025:KHC-D:16082 RSA No. 5495 of 2012 Civil Judge at Hubballi in RA No. 10 of 2008 may be confirmed. It is further submitted that, the Appellant is given to understand that parties shall have no claim against each other.” In view of the above, the appeal is dismissed as withdrawn. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 53