- 1 - HC-KAR NC: 2025:KHC-D:17330 RSA No. 100502 of 2020 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100502 OF 2020 BETWEEN: M.P. PRAVEEN S/O. M. PRAKASH, AGE: 34 YEARS, HINDU, MERCHANT, PATEL NAGAR, OPPOSITE SRI. VENKATESHWARA AUTOMOBILES, 4TH WARD, HOSAPETE, PINCODE-583201 …APPELLANT (BY SMT. SURABHI KULKARNI, ADVOCATE) AND: 1. K.V. SURENDRA S/O. K.N. VEERABHADRACHAR, AGE: 51 YEARS, HINDU MERCHANT, NEAR VENAKTESHWARA TEMPLE, AMARAVATHI, 15TH WARD, HOSAPETE, PIN CODE-583201. 2. S. BASAVARAJ S/O. SALI SHARABAIAH, AGE: 44 YEARS, HINDU, MERCHANT, GANDHI COLONY 31ST WARD, HOSAPETE, PIN CODE-583201. …RESPONDENTS (BY SRI. SHARANABASAVARAJ C, ADVOCATE) THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.21/2017 ON DTD.03.01.2020 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HOSPET, IN CONFIRMING THE JUDGMENT AND DECREE PASSED IN O.S. NO.339/2012 DTD. 03.02.2017 PASSED BY THE ADDITIONAL CIVIL JUDGE, JMFC, HOSAPETE AS NULL AND VOID AND DISMISS THE SUIT AND ETC. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.09 14:59:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17330 RSA No. 100502 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsels appearing for the appellant and respondent No.2 are present in the Court and acknowledge the filing of the memo. 2. Learned counsel appearing for the appellant has filed a memo which reads as below: MEMO “The Appellant submits as under; In view of settlement arrived between the parties, the Appellant does not want to prosecute the present appeal. Hence, the Appellant seek leave of this Hon'ble Court to withdraw the present appeal. In this regard the Appellant has sworn an affidavit and same is enclosed herewith for kind perusal. Wherefore, this Hon'ble Court may kindly be pleased to dismiss the present appeal as withdrawn and the registry may kindly be directed to refund the applicable court fee in favour of the Appellant, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC-D:17330 RSA No. 100502 of 2020 3. The said memo is accompanied by the affidavit of the appellant. Learned counsel for respondent No.2 is present and submits that he has no objection for considering the said memo. 4. In view of the unequivocal submission that the appeal being withdrawn, the appeal is dismissed as withdrawn. The Court fee to be refunded to the appellant as per rules. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 3