- 1 - HC-KAR NC: 2025:KHC-D:10284 RFA No. 100062 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100062 OF 2014 (PAR/INJ) BETWEEN: 1. SHRIKANT BIN ANANDRAO KADAM AGE: 50 YEARS, OCC: BUSINESS & CHAIRMAN SHRI SHIVA MANDIR DEVASTHAN TRUST, SHAHU NAGAR, R/O. SHAHU NAGAR, BELGAUM. 2. SHRIDHAR S/O. GANGARAM SAVANT AGE: 60 YEARS, OCC: SERVICE R/O. SHAHU NAGAR, BELGAUM 3. FAKKIR S/O. CHANNAPPA KURUBAR AGE: 54 YEARS, OCC: BUSINESS, R/O. SHAHU NAGAR, BELGAUM. 4. BABURAO SHETTAPPA BAMANE AGE: 59 YEARS, OCC: BUSINESS, R/O. SHAHU NAGAR, BELGAUM. 5. GANAPATI A KULKARNI AGE: 56 YEARS, OCC: SERVICE, R/O. SHAHU NAGAR, BELGAUM. 6. D C THABBE AGE: 66 YEARS, R/O. SHAHU NAGAR, BELGAUM. 7. ARJUN S/O. SIDRAM KOLEKAR AGE: 46 YEARS, R/O. SHAHU NAGAR, BELGAUM. 8. VITHAL S/O. BALAVANT KADAM AGE: 57 YEARS, OCC: AGRICULTURE AND RETIRED SOLDIER, R/O. SHAHU NAGAR, BELGAUM. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.22 13:09:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10284 RFA No. 100062 of 2014 9. M.P.CHAVAN AGE: 56 YEARS, R/O. SHAHU NAGAR, BELGAUM. …APPELLANTS (BY SRI. SANGRAM S.KULKARNI, ADVOCATE) AND: 1. MOHAN BIN RAMAJI BELAGUNDKAR AGE: MAJOR, OCC: BUSINESS R/O. SHAHU NAGAR, BELGAUM. 2. SUNIL GAVADE PATIL AGE: 41 YEARS, OCC: BUSINESS R/O. KANAGARALI (KHURD) BELGAUM. 3. A C ANGADI AGE: 74 YEARS, OCC: BUSINESS R/O. SHAHU NAGAR, BELGAUM. 4. NISSAR HUSSAIN TAHASILDAR AGE: 49 YEARS, OCC: BUSINESS R/O. SHAHU NAGAR, BELGAUM. 5. SIDRAMAYYA AGE: 73 YEARS, OCC: BUSINESS R/O. SHAHU NAGAR, BELGAUM. …RESPONDENTS (BY SRI. SOURABH HEGDE, ADVOCATE FOR R1; NOTICE TO R2, R3 AND R5 ARE SERVED; R4-DECEASED) THIS RFA IS FILED UNDER ORDER 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.02.2014 PASSED IN O.S.NO.7/2008 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELGAUM, DISMISSING THE SUIT FILED FOR POSSESSION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10284 RFA No. 100062 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellants filed a memo seeking withdrawal of the appeal. The memo is placed on record. The appeal is dismissed as withdrawn. In view of dismissal of the appeal, I.As.1/2014, 2/2023 and 1/2025 do not survive for consideration. Accordingly disposed of. Sd/- (ASHOK S. KINAGI) JUDGE Kmv CT:vp