- 1 - HC-KAR NC: 2025:KHC-D:11350 RSA No. 100904 of 2016 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100904 OF 2016 (DEC) BETWEEN: GURUNATH S/O. SHANKAR BHAT AGE: 49 YEARS, OCC: RYOT, R/O: VANDOORU, TQ: HONNAVAR-581 334. …APPELLANT (BY SRI. SATISH S. RAICHUR, ADVOCATE) AND: 1. SMT. KAVERI W/O. SHANKAR BHAT AGE: 64 YEARS, OCC: RYOT AND HOUSEHOLD, R/O: VANDOORU, TQ: HONNAVAR-581 334. 2. SATYANARAYAN SHANKAR BHAT AG: 56 YARS, OCC: RYOT AND HOUSEHOLD, R/O: VANDOORU, TQ: HONNAVAR-581 334. 3. TIMMANNA SHANKAR BHAT AGE: 53 YEARS, OCC: RYOT AND HOUSEHOLD, R/O: VANDOORU, TQ: HONNAVAR-581 334. 4. SMT. NAGAVENI W/O. MAHABLESHWAR HEGDE AG: 57 YEARS, OCC: SERVICE, R/O: C/O. MAHABALESHWAR ARVIND HEGDE, ‘SHREE RAKSHA’ 9TH CROSS, PRAGATI NAGAR, YELLAPUR ROAD, SIRSI-581401. 5. SMT. NIRMALA W/O SHIVARAM BHAT AGE: 47 YEARS, OCC: HOUSHOLD, CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Date: 2025.09.09 10:54:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11350 RSA No. 100904 of 2016 C/O: SHIVARAMA TIMMANNA BHAT H.NO.49, 1ST CROSS, SILVER OAK ROAD, ARAVINDA LAYOUT, VINAYAK NAGAR, J.P.NAGAR, 7TH PHASE, PUTTENAHALLI EAST, IN FRONT OF HIMAGIRI GREEN FOREST BENGALURU-78. …RESPONDENTS (BY SRI. A.S. PATIL, ADVOCATE FOR C/R2) THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO ALLOW THE JUDGMENT & DECREE DATED:16.08.2016 PASSED IN R.A.NO.19/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, HONAVAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:23.01.2013, PASSED IN O.S. NO.50/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, HONAVAR, PARTLY DECREEING THE SUIT FILED FOR INJUNCTION AND PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL ORDER (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 In this the appellant above named respectfully submits as below The appellant does not intent to prosecute this petition further against the respondents hence the - 3 - HC-KAR NC: 2025:KHC-D:11350 RSA No. 100904 of 2016 appellant may be permitted to withdraw this appeal, in the interest justice.” 2. Memo is taken on record. 3. In view of the memo, the appellant is permitted to withdrawn the petition. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 5