- 1 - HC-KAR NC: 2025:KHC-D:9377 RSA No. 101137 of 2023 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 101137 OF 2023 (DEC/INJ) BETWEEN: SMT. BANGARAWWA W/O. SIDRAMAYYA ALLAYANNAVARMATH SINCE DECEASED LEAVING BEHIND APPELLANT NO.1 AS LEGAL HEIR SRI BALAYYA S/O. SIDRAMAYYA ALLAYANNAVARMATH AGE: ABOUT 51 YEARS, OCC. AGRICUTLURE R/O. LINGANMATH, TQ. KHANAPUR, DIST. BELAGAVI. …APPELLANT (BY SRI S.R.HEGDE AND SRI S.S.HEGDE, ADVOCATE.) AND: 1. SMT. SHANTAWWA POSING AS THE W/O. SIDRAMAYYA ALLAYANNAVARMATH AGE: ABOUT 62 YEARS, OCC: HOUSEHOLD WORK R/O. K.S.R.P. ROAD, DURGA NAGAR (NEAR TO SHINDE'S HOUSE) TQ. KHANAPUR, DIST. BELGAVI-591106. 2. SRI SHIVALINGAYYA POSING AS THE S/O. SIDRAMAYYA ALLAYYANAVARMATH AGE: ABOUT 36 YEARS, OCC. BUSINESS, R/O. K.S.R.P. ROAD, DURGA NAGAR (NEAR TO SHINDE'S HOUSE) TQ. KHANAPUR, DIST. BELGAVI-591106. 3. SRI CHANBASAYYA POSING AS THE S/O. SIDRAMAYYA ALLAYANNAVARMATH AGE: ABOUT 33 YEARS, OCC. TEACHER, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.31 11:27:35 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9377 RSA No. 101137 of 2023 KANNADA PRIMARY SCHOOL, R/O. LINGADALLI, TQ. BAILHONGAL, DIST. BELAGAVI-591104. …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.07.2023, PASSED IN R.A.NO.6/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KHANAPUR AND THE JUDGMENT AND DECREE DATED 20.12.2014, PASSED IN O.S.NO.137/2010, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KHANAPUR, AND ETC.,. THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the appellant has filed a memo seeking to withdraw the appeal, in which it is stated as under: “Herein, the above named appellant most humbly begs to file memo as under: The appellant and the respondents have settled the dispute out of the court. As such appellant is not intending proceed with the matter. As such, the appellant is intending to withdraw the top noted appeal. Accordingly the appellant may please be permitted to withdraw the top noted appeal, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC-D:9377 RSA No. 101137 of 2023 2. In view of the memo, the appellant is permitted to withdraw the appeal. Accordingly, the appeal stands dismissed as withdrawn. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 15