- 1 - HC-KAR NC: 2025:KHC-D:8539 MFA No. 100214 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100214 OF 2024 (CPC) BETWEEN: 1. SHRI BASAVRAJ DHAMMANAGI S/O SHIVLINGAPPA DHAMMANAGI, AGE: 52 YEARS, OCC: AGRICULTURE, RESIDING AT: H.NO.245, PETEONI, BHENDIGIRI VILLAGE, TQ: AND DIST: BELAGAVI, PIN-591 109. 2. SHRI SHANKAR DHAMMANAJI S/O SHIVLINGAPPA DHAMMANAJI, AGED 62 YEARS, OCC: AGRICULTURE, RESIDING AT: H.NO.245, PETEONI, BHENDIGERI VILLAGE, TQ: AND DIST: BELAGAVI, PIN-591 109. … APPELLANTS (BY SRI. SURAJ MUTNAL S., ADVOCATE) AND: 1. SHRI DEVAPPA S/O SHIVAPPA KADAKALI @ UDAKERI, AGED 64 YEARS, OCC: AGRICULTURE, RESIDING AT: KADAKOLI VILLAGE, TQ: AND DIST: BELAGAVI, PIN-591 131. 2. SHRI PAKKAPPA S/O FAKIRA KADAKALI @ UDAKERI, AGED 60 YEARS, OCC: AGRICULTURE, RESIDING AT: KADAKOLI VILLAGE, TQ: AND DIST: BELAGAVI, PIN-591 131. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8539 MFA No. 100214 of 2024 3. SHRI PANDIT S/O RUDRAPPA KADAKALI @ UDAKERI, AGED 60 YEARS, OCC: AGRICULTURE, RESIDING AT: KADAKOLI VILLAGE, TQ: AND DIST: BELAGAVI, PIN-591 131. 4. SHRI MARUTI S/O NINAGAPPA KADAKALI @ UDAKERI, AGED 52 YEARS, OCC: AGRICULTURE, RESIDING AT: KADAKOLI VILLAGE, TQ: AND DIST: BELAGAVI, PIN-591 131. 5. SHRI KALAPPA S/O NINAGAPPA KADAKALI @ UDAKERI, AGED 62 YEARS, OCC: AGRICULTURE, RESIDING AT: KADAKOLI VILLAGE, TQ: AND DIST: BELAGAVI, PIN-591 131. 6. SHRI RAMESH S/O NINAGAPA KADAKALI @ UDAKERI, AGED 48 YEARS, OCC: AGRICULTURE, RESIDING AT: KADAKOLI VILLAGE, TQ: AND DIST: BELAGAVI, PIN-591 131. 7. SHRI ARJUN S/O NINAGAPPA KADAKALI @ UDAKERI, AGED 45 YEARS, OCC: AGRICULTURE, RESIDING AT: KADAKOLI VILLAGE, TQ: AND DIST: BELAGAVI, PIN-591 131. … RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02.07.2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M. AT BELAGAVI WHICH IS PRODUCED AS ANNEXURE-G AND SET ASIDE THE ORDER PASSED ON INTERIM APPLICATION DATED 30.09.2021 PASSED IN O.S.NO.409/2021 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C. AT BELAGAVI WHICH IS PRODUCED AS ANNEXURE-E. - 3 - HC-KAR NC: 2025:KHC-D:8539 MFA No. 100214 of 2024 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal. Memo is placed on record. Consequently, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 13