- 1 - HC-KAR NC: 2025:KHC-D:13024 RSA No. 100785 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100785 OF 2024 (MON) BETWEEN: BAPUJI S/O. THIMMAPPA CHANAL AGE. 69 YEARS, OCC. RETIRED SENIOR CIVIL JUDGE AND AGRICULTURE, R/O. H.NO. 28, “SHILPA”, NEAR OM SCHOOL, SIDDARUDHA NAGAR, DHARWAD, TQ. AND DIST. DHARWAD 580003. …APPELLANT (BY SRI. H.N. GULARADDI, ADVOCATE) AND: GOVINDREDDI S/O. RAMAREDDI MASTI AGE. 50 YEARS, OCC. AGRICULTURE, R/O. MORAB, TQ. NAVALGUND, DIST. DHARWAD-580112. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR RECORDS, PERUSE THE SAME AND MODIFIED THE JUDGMENT AND DECREE DATED 03.08.2024 PASSED IN R.A.NO.13/2023 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, AND SPECIAL JUDGE, DHARWAD, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 17.12.2022 PASSED IN O.S. NO.60/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, AND CHIEF JUDICIAL MAGISTRATE, DHARWAD SO FAR Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.26 14:38:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13024 RSA No. 100785 of 2024 AS IT RELATES TO INTEREST IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the appellant has filed memo dated 17.09.2025, which reads as under : “Memo for withdrawal The appellant begs to submit as under: The appellant seeks the leave of this Hon'ble Court to withdraw the above Regular Second Appeal. It most humbly submits that, the Hon'ble Court may kindly be pleased to permit the appellant to withdraw the above appeal, as the said matter is settled before 1st Addl. Senior Civil Judge & CJM, Dharwad in Ex.No.207/2024 by its order dated 12.08.2025. Hence the appellant may be permitted to withdraw the said appeal, in the interest of justice and equity.” 2. In view of memo, appellant is permitted to withdrawal this appeal. Accordingly, appeal is disposed of. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 6