- 1 - HC-KAR NC: 2025:KHC-D:9820 RSA No. 100354 of 2020 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 06TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100354 OF 2020 (DEC/INJ) BETWEEN: 1. SMT. SARASWATI W/O. NAGAPPA GARAGAD AGE : 87 YEARS, OCC : NIL 2. SRI. VEERAPPA S/O. NAGAPPA GARAGAD AGE : 47 YEARS, OCC : PRIVATE BUSINESS, BOTH ARE R/AT : CTS NO.1028/1, YALIGAR ONI, HOSAYALLAPUR, DHARWAD-580004. …APPELLANTS (BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE.) AND: 1. SRI ASHOK S/O. SHANKARAPPA KOTTUR AGE : 63 YEARS, OCC : SERVICE, R/AT : H.NO.1027/3, YALIGAR ONI, HOSAYALLAPUR, DHARWAD-580004. 2. THE HUBBALLI-DHARWAD MUNICIPAL CORPORATION, NAVANAGAR, HUBBALLI, REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SRI S.C. BHUTI, ADVOCATE FOR R1; SRI GURUDEV GACHCHINAMATH, ADVOCATE FOR R2.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.12.2019, PASSED IN R.A.NO.15/2019, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, DHARWAD, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.11 10:46:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9820 RSA No. 100354 of 2020 DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.12.2018, PASSED IN O.S.NO.171/2012, ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS-II, DHARWAD, AND DECREE THE SUIT BY ALLOWING THE PRESENT APPEAL WITH COST THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY. 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 counsels appearing for both the sides are present. 2. The appellants’ counsel has filed a memo dated 05.08.2025, seeking leave of this Court to withdraw the appeal as the parties have settled the matter out of the Court. 3. The memo is placed on record. In view of the memo, the appellants are permitted to withdraw this appeal. Accordingly the appeal stands dismissed as withdrawn. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 3