- 1 - HC-KAR NC: 2025:KHC-D:9639 RFA No. 100384 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100384 OF 2017 (SP-) BETWEEN: 1. SHRI. SUHAS S/O DATTATRAYA PATIL AGE: 42 YEARS, OCC: TAX PRACTITIONER, R/O: H.NO.466/13E, 1ST FLOOR, 2ND CROSS, BABALE GALLI, ANGOL, BELAGAVI-590002. …APPELLANT (BY SRI. MRUTYUNJAY TATA BANGI, ADV) AND: 1. SMT. SUNILA W/O SHASHIKANT POTE AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O: SBI COLONY, KUSUM NAGAR, KELGERI ROAD, DHARWAD-580001. 2. SMT. MANISHA W/O DINESH POTE AGE: 39 YEARS, OCC: PRIVATE SERVICE, R/O: SBI COLONY, KUSUM NAGAR, KELGERI ROAD, DHARWAD-580001. 3. MASTER ARYAN S/O DINESH POTE AGE: 13 YEARS, OCC: STUDENT, SINCE MINOR R/BY HIS NEXT FRIEND, SMT. MANISHA DINESH POTE, I.E., R2. …RESPONDENTS (BY SRI. SATISH S RAICHUR, ADV FOR R1 & R2 R3 IS MINOR R/BY R2) RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.02.2015 PASSED IN OS. NO.182/2013 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, BELAGAVI, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.05 15:31:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9639 RFA No. 100384 of 2017 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for appellant has filed a memo stating that in view of the disposal of the Writ Petition, the appeal will not survive for consideration and seeks leave of this Court to withdraw the appeal. Memo is placed on record. Appeal is dismissed as withdrawn. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 6