- 1 - HC-KAR NC: 2025:KHC-D:8835 RSA No. 100263 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100263 OF 2025 (DEC/POS) BETWEEN: SHRI. BABU S/O. SATAGOUDA PATIL, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: PRABHU NAGAR – 591 302, TAL: KHANAPUR, DIST: BELAGAVI. …APPELLANT (BY SRI. BASAVARAJ MATHAPATI, ADVOCATE) AND: 1. THE STATE REPRESENTED BY THE DEPUTY COMMISSIONER, BELAGAVI – 590 001. 2. THE PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT, NITTUR – 591 302. TAL: KHANAPUR, DIST: BELAGAVI. 3. THE CHAIRMAN GRAM PANCHAYAT, NITTUR - 591 302, TAL: KHANAPUR, DIST: BELAGAVI. 4. SHRI. MARUTI S/O. PAREPPA CHINNANNAVAR, AGE: 61 YEARS, OCC: AGRICUTURE, R/O: PRABHU NAGAR – 591 302, TAL: KHANAPUR, DIST: BELAGAVI. 5. SHRI. SHANKAR S/O. PAREPPA CHINNANNAVAR, AGE: 63 YEARS, OCC: AGRICUTURE, R/O: PRABHU NAGAR – 591 302, TAL: KHANAPUR, DIST: BELAGAVI. 6. SMT. RAYAVVA W/O. SATAGOUDA PATIL, AGE: 75 YEARS, OCC: HOUSEHOLD, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8835 RSA No. 100263 of 2025 R/O: PRABHU NAGAR – 591 302, TAL: KHANAPUR, DIST: BELAGAVI. 7. SMT. MALLAVVA W/O. SUBRAO PATIL, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O: CHANDANKUD – 416 506, TAL: GADHINGLAJ, DIST: KOLHAPUR, STATE MAHARASTRA. 8. SHRI. GIRIGOUDA S/O. SATAGOUDA PATIL, AGE: 62 YEARS, OCC: TEACHER, R/O: HALKARNI, H. B. HIGH SCHOOL – 416 506, TAL: GADHINGLAJ, DIST: KOLHAPUR, STATE MAHARASTRA. 9. SHRI. DUNDAPPA S/O. SATAGOUDA PATIL, AGE: 60 YEARS, OCC: PVT. EMPLOYEE, R/O: RLS COLLEGE, BELAGAVI – 590 001. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908 PRAYING TO ALLOW THIS REGULAR SECOND APPEAL, SET ASIDE BOTH THE JUDGMENT AND DECREE DATED 10.01.2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC KHANAPUR IN RA NO.6/2020 AND THE JUDGMENT AND DECREE DATED 16.01.2020 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, KHANAPUR IN OS NO.275/2014 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8835 RSA No. 100263 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. Learned counsel for the appellant has filed a memo which reads as under: “The appellant respectfully submits as follows: 1. The above appeal is filed challenging the judgment and decree dated 10.01.2024 passed in R.A. No. 6/2020 by the Court of the Senior Civil Judge, Khanapur, confirming the judgment and decree dated 16.01.2020 in O.S. No. 275/2014 on the file of the Principal Civil Judge and JMFC, Khanapur. 2. The appellant, upon further legal advice and after careful consideration, desires to withdraw the present Regular Second Appeal. 3. It is also respectfully submitted that the appellant may kindly be granted liberty to seek refund of the court fee paid in the present appeal. WHEREFORE, the appellant respectfully prays that this Hon'ble Court may be pleased to permit the appellant to withdraw the present appeal and grant liberty to the appellant to seek refund of court fee.” 2. Memo is taken on record. The appeal is dismissed as withdrawn. 3. Learned counsel for the appellant seeks for refund of the court fee. - 4 - HC-KAR NC: 2025:KHC-D:8835 RSA No. 100263 of 2025 4. Registry to look into and refund the admissible court fee in favour of the appellant. 5. Pending I.A. does not survive for consideration. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 46