- 1 - HC-KAR NC: 2025:KHC-D:18663 RSA No. 100503 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100503 OF 2021 (MON) BETWEEN: K. KHADAR BASHA S/O. K.S. VALISAB, AGE: 47 YEARS, OCC. AGRICULTURE, R/O. 15TH WARD, OPPOSITE THERINAMANE, KAMPLI, TQ. HOSAPETE, DIST. BALLARI. …APPELLANT (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: J. ERAPPA S/O. JALAMARA NAGAPPA, AGE: 57 YEARS, OCC. AGRICULTURE, R/O. 14TH WARD, TALAWAR ONI, KAMPLI, TQ. HOSAPETE, DIST.BALLARI. …RESPONDENT THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.10.2021 PASSED IN R.A.NO.5028/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, (SITTING AT HOSAPETE), AND CONSEQUENTLY SET ASIDE THE JUDGMENT AND DECREE DATED 06.07.2018, PASSED BY THE TRIAL COURT IN O.S. NO.59/2013 ON THE FILE OF LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HOSAPETE BY ALLOWING THE TOP NOTED APPEAL TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.19 13:02:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18663 RSA No. 100503 of 2021 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellant has filed a memo seeking withdrawal of the appeal, which reads as under: “The Counsel for the Appellant most humbly submits as here under:- It is submitted that, the Appellant has settled the dispute with the Respondent and has paid the amount payable to the Respondent before the executing court and as such does not wish to prosecute the top-noted Appeal. Hence, this Hon'ble Court may be pleased to allow the Appellant to withdraw the top-noted Appeal and direct the Registry to refund the Court Fee paid before this Hon'ble Court. Hence, this Memo.” 2. In view of the memo, the appeal stands dismissed as withdrawn. 3. The Court fee permissible as per rules be refunded to the appellant. - 3 - HC-KAR NC: 2025:KHC-D:18663 RSA No. 100503 of 2021 4. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 15