- 1 - HC-KAR NC: 2025:KHC-D:14855 RSA No. 101576 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.101576 OF 2022 (DEC/POS) BETWEEN: SMT. SURESH S/O. SHIVANAGOUDA PATIL, AGE: 52 YEARS, OCC. AGRICULTURE, R/O. . CHIKKUR, TQ. MUDHOL, DIST. BAGALKOTEE-587101, REP.BY HIS GPA HOLDER SMT. SUNDRAWWA W/O. SURESH PATIL, AGE: 46 YEARS, OCC. HOUSEWIFE AND AGRICULTURE, TQ. MUDHOL, DIST. BAGALKOTE-587101. …APPELLANT (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1. SMT. PREMA W/O. NAGARAJ JERAGAL, AGE: 45 YEARS, OCC. HOUSEWIFE, R/O. KERUR, TQ. BADAMI, DIST. BAGALKOTE-587101. 2. SMT. PARVATEWWA W/O. SHIVANAGOUDA PATIL, AGE: 76 YEARS, OCC. HOUSEHOLD WORK, R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOTE-587101. 3. SRI. APPASAHEB S/O. SHIVANAGOUDA PATIL, AGE: 52 YEARS, OCC. AGRICULTURE, R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOTE-587101. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.03 14:55:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14855 RSA No. 101576 of 2022 4. SMT. GEETA W/O. NINGANAGOUDA SATYANNAVAR, AGE: 52 YEARS, OCC. AGRICULTURE, C/O. BHIMANAGOUDA S/O. HANAMANTHAGOUDA ARLIKATTI, R/O. ALLIKATI, TQ. MUDHOL, DIST. BAGALKOTE-587101. …RESPONDENTS (BY SRI. S.C. HIREMATH, ADVOCATE FOR R1; SRI. DINESH M. KULKARNI, ADVOCATE FOR R2 AND R4; R3-NOTICE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.09.2022 MADE IN R.A.NO.163/2019 PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE TO SIT AT JAMKHANDI, DISMISSING THE APPEAL FILED BY THE APPELLANT AND ALLOWING THE CROSS OBJECTION FILED BY THE RESPONDENT NO.1 AND 2 AND THEREBY CONFIRMING THE JUDGMENT AND DECREE DATED 25.02.2019 MADE IN O.S. NO.96/2014 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL, BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14855 RSA No. 101576 of 2022 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: MEMO “Herein, the Advocate for Appellant most respectfully submits as under:- As instructed by the Appellant herein, the above said matter is settled amicably among the parties at the intervene of the elder persons of the village, therefore the Appellant is not interested to proceed with the matter and intends to withdraw the above said appeal, in the ends of justice and equity.” 2. In view of the above, the appeal is dismissed as withdrawn. 3. 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.: 2