- 1 - HC-KAR NC: 2025:KHC-D:10831 RSA No. 100601 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100601 OF 2024 (PAR/POS) BETWEEN: CHANDABI W/O. GHUDUCHAND BASARIKATTI AGE: 77 YEARS, OCC: HOUSEHOLD R/O: HOUSE NO.33 OF BEKWAD CROSS, ZUNJAWAD VILLAGE IN KHANAPUR TALUKA, DIST BELAGAVI 591120. …APPELLANT (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. NABISAAB S/O. MOHAMDALI DESDHPAIK AGE: 69 YEARS, OCC: RETIRED, R/O. H. NO. 78, BEHIND HEALTH CENTRE, BORIMOL, QUEPEM, TAL: QUEPEM, DIST/STATE: GOA-403705. 2. HURABI W/O. JANLGISAAB MOMIN, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O: KALKUNDRI VILLAGE, AT: POST TALUKA: CHANDAGAD AND DISTRICT: KOLHAPUR-416508, 3. MEHARUMBI W/O. SHABIR PARAS, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O: BIDI, TALUKA: KHANAPUR, DISTRICT: BELAGAVI-591106. 4. SURAYYA W/O. DILVAR SAVARKAR, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O: BASAV COLONY, KLE ROAD, BELAGAVI-590010. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.30 12:04:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10831 RSA No. 100601 of 2024 5. DADIMA WD/O. MALIKSAB DESHPAIK, AGE: 81 YEARS, OCC: HOUSEHOLD WORK, R/O: ZUNJAWAD K.N., TAL: KHANAPUR, DISTRICT: BELAGAVI-591120. 6. HARUN S/O. MALIKSAB DESHPAIK AGE: 58 YEARS, OCC: RETIRED, R/O: ELECTRICITY QUARTERS, ALTHINO, PANAJI, GOA-403001. 7. KAMAL S/O. MALIKSAB DESHPAIK AGE: 51 YEARS, OCC: SERVANT, R/O: POLICE HEAD QUARTERS, NEAR RTO CIRCLE, BELAGAVI-590016. 8. RIYANA W/O. KUTUBUDIN MUJAWAR AGE: 51 YEARS, OCC: HOUSEHOLD, R/O: BEK WAD VILLAGE, TALUKA: KHANAPUR, DISTRICT: BELAGAVI-591120. 9. BASHIRA W/O. SIRAJ BAILUR, AGE: 48 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O: KASHENTTI ROAD, ASHRYA COLONY, ALNAWAR TALUKA & DISTRICT: DHARWAD-581103. 10. HASINA W/O. SUBANI MADIYAL, AGE: 47 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O: BENCHI VILLAGE, TALUKA:ALANAWAR, DISTRICT: DHARWAD-581103. 11. KHATUN W/O. JAILANI SASKI, AGE: 40 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O: KASHENTTI ROAD, ASHRYA COLONY, ALANAWAR, TALUKA & DISTRICT: DHARWAD-581103. 12. GAUS S/O. IMMANSAB DESHPAIK, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: ZUNJAWAD K.N, TAL: KHANAPUR, DISTRICT: BELAGAVI-591120. 13. ASHPAK S/O. IMMANSAB DESHPAIK, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: ZUNJAWAD K.N, TAL: KHANAPUR, DISTRICT: BELAGAVI -591120.. - 3 - HC-KAR NC: 2025:KHC-D:10831 RSA No. 100601 of 2024 14. GHUDUCHAND S/O. MAKTUMSAB DESHPAIK, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: ZUNJAWAD K.N, TAL: KHANAPUR, DISTRICT: BELAGAVI-591120. 15. MAGUTSAB S/O. NABISAB DESHPAIK, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: ZUNJAWAD K.N, TAL: KHANAPUR, DISTRICT: BELAGAVI-591120. 16. BABASAAB S/O. NABISAB DESHPAIK, AGE: 75 YEARS, OCC: AGRICULTURE, R/O: ZUNJAWAD K.N, TAL: KHANAPUR, DISTRICT: BELAGAVI-591120. 17. SAHEBBI WD/O. HUSSAINSAB DESHPAIK, AGE: 75 YEARS, OCC: HOUSEWIFE, R/O: ZUNJAWAD K.N, TAL: KHANAPUR, DISTRICT: BELAGAVI-591120. 18. ALISAB S/O. HUSSAINSAB DESHPAIK, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: ZUNJAWAD K.N, TAL: KHANAPUR, DISTRICT: BELAGAVI-591120. 19. MUGUTSAB S/O. HUSSAINSAB DESHPAIK, AGE: 55 YEARS, OCC: AGRICULTURE, 4 REGULAR APPEAL 70/2021 R/O: ZUNJAWAD K.N, TAL: KHANAPUR, DISTRICT: BELAGAVI-591120.. 20. NAZIR S/O. HUSSAINSAB DESHPAIK, AGE: 48 YEARS, OCC: MESON, R/O: ZUNJAWAD K.N, TAL: KHANAPUR, DISTRICT: BELAGAVI-591120. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO, SET-ASIDE THE JUDGMENT AND DECREE DATED 27.04.2024 PASSED BY THE VIII ADDITIONAL DIST. AND SESSIONS JUDGE, BELAGAVI IN RA NO.70/2021 VIDE WHICH THE FIRST APPELLATE - 4 - HC-KAR NC: 2025:KHC-D:10831 RSA No. 100601 of 2024 COURT SET ASIDE THE JUDGMENT AND DECREE DATED 22.10.2021 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KHANAPUR, IN OS NO.12/2012 BY ALLOWING THE TOP NOTED APPEAL, 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) 1. Learned counsel for the appellant has filed a memo for withdrawal of the appeal. The memo reads as under: “MEMO FOR WITHDRAWAL Herein, the Memo on behalf of the Appellant is as under: It is submitted that, the Appellant herein is not inclined to prosecute the present Appeal and hence is filing the instant memo. Therefore, it is most respectfully prayed that, this Hon’ble Court may kindly be pleased to take the memo on record and permit the appellant to withdraw the present case, in the interest of justice and equity.” - 5 - HC-KAR NC: 2025:KHC-D:10831 RSA No. 100601 of 2024 2. Memo is taken on record. 3. In view of the memo, the appeal is disposed off. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 17