- 1 - HC-KAR NC: 2025:KHC-D:9926 RFA No. 100145 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 06TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100145 OF 2019 (MON-) BETWEEN: S.M. PAKKERAIAH S/O S.M. RUDRAIAH AGED: 59 YEARS, PROP: KAVITHA STEELS AND CEMENTS NEAR BUS STAND ROAD, BASAVESWARA NAGAR, HAGARIBOMMANAHALLI-583212, BALLARI DISTRICT. …APPELLANT (BY SRI.PREVEEN P. TARIKAR, ADV.) AND: 1. GRAM PANCHAYATH, TOOLAHALLI REPRESENTED BY ITS SECRETARY, TOOLAHALLI, KUDLIGI TALUK, BALLARI DISTRICT-583212. 2. TOOLAHALLI GRAM PANCHAYATH REPRESENTED BY ITS PRESIDENT, TOOLAHALLI, KUDLIGI TALUK, BALLARI DISTRICT-583212. 3. B. SHIVANNA S/O TEJAPPA AGE: 55 YEARS, EX-PRESIDENT, TOOLAHALLI GRAM PANCHAYATH, TOOLAHALLI, KUDLIGI TALUK, BALLARI DISTRICT-583212. 4. THE PUBLIC DEVELOPMENT OFFICER TOOLAHALLI GRAM PANCHAYATH, TOOLAHALLI, KUDLIGI TALUK, BALLARI DISTRICT-583212. …RESPONDENTS (BY SRI. V.SHIVARAJ HIREMATH, ADV FOR R1, R2 & R4, NOTICE TO R3 IS SERVED) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DTD.20.12.2018 PASSED IN O.S.NO.8/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HAGARIBOMMANAHALLI, DISMISSING THE SUIT FILED FOR RECOVERY OF MONEY. VINAYAKA B V Digitally signed by VINAYAKA B V Date: 2025.08.11 16:03:29 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9926 RFA No. 100145 of 2019 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 the appellant has filed a memo seeking leave of this court to withdraw the appeal. Memo is placed on record. Accordingly, the appeal is dismissed as withdrawn. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 11