- 1 - HC-KAR NC: 2025:KHC-D:16658 RSA No. 100029 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100029 OF 2017 (DEC) BETWEEN: 1. THE SARVODAYA, SHIKSHANA TRUST ARAVATAGI, DHARWAD, BY ITS SOLE TRUSTEE SRI. SATISH S/O. LAXAMANARAO JARKIHOLI, REPRESNETED BY HIS GENERAL POWER OF ATTORNEY HOLDER, SRI. BHARAT S/O. MALATESH MUGADUR, AGE: 47 YEARS, OCC. BUSINESS AND SOCIAL WORK, R/O. ‘PREMASIRI’ NEAR OM COLLEGE JALADARSHINIPUR, R.K. NAGAR, DHARWAD-580003. 2. SRI. SATISH S/O. LAXAMANARAO JARKIHOLI, AGE: 54 YEARS, OCC. MLA AND SOCIAL SERVICE AND PRESIDENT MAHRSHI WALMIKI GURUPEETH, TRUST RAJANHALLI, R/O. GOKAK, DIST. BELAGAVI, REPRESNETED BY HIS GENERAL POWER OF ATTORNEY HOLDER SRI. BHARAT S/O. MALATESH MUGADUR, AGE: 41 YEARS, OCC. BUSINESS AND SOCIAL WORK, R/O. ‘PREMASIRI’, NEAR OM COLLEGE JALADARSHINIPUR, R.K. NAGAR, DHARWAD-580008. …APPELLANTS (BY SRI. D.M. MANJUNATH, ADVOCATE) AND: 1. SRI. RAVASAHEB APPASAHEB DESAI, AGE: 68 YEARS, OCC. SOCIAL WORKER, R/O. ANNIGERI, NAVALAGUND-582201. 2. SRI. NEELAKANTHAYYA MADIVALAYYA HIREMATH, AGE: 64 YEARS, OCC. RET. TEACHER, R/O. U B NAGAR, DHARWAD-580002. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.29 09:58:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16658 RSA No. 100029 of 2017 3. SRI. S.R..MURAKATTI AGE: 55 YEARS, OCC. TEACHER, R/O. MUGAD, TQ. DHARWAD-580007. 4. SRI. LINGARAJ R. ANGADI, AGE: 58 YEARS, OCC. TEACHER, R/O. LINGARAJI NAGAR, HUBBALLI-580031. 5. SRI. SHASHIDHAR VEERBASAYYA SALI AGE: 66 YEARS, OCC. PHOTOGRAPHER, R/O. KOPPIKAR ROAD, HUBBALLI-580020. 6. SRI. MADEVAGOUDA G PATIL AGE: 56 YEARS, OCC. AGRICULTURE, R/O. CHULAKI, TQ. SAVADATTI, DIST. BELAGAVI-591110. 7. SMT. SUMA RAJENDRA REDDY AGE: 46 YEARS, OCC. HOUSEHOLD, R/O. LINGARAJI NAGAR, HUBBALLI-580031. 8. SRI. NINGARADDI HANUMAREDDI KONAREDDI AGE: 51 YEARS, OCC. SOCIAL WORKER, R/O. SAMPIGENAGAR, DHARWAD-580008. 9. SRI. BASAVARAJ SHIVALINGAPPA HORATTI, AGE: 69 YEARS, OCC. AGRICULTURE AND POLITICIAN, R/O. ADAVESHWAR SADAN, VEMANA ROAD, HUBBALLI-580020. 10. SRI. BASAVAREDDI V. SOMAPUR, AGE: 58 YEARS, OCC. ADVOCATE, R/O. SARASWATPUR, DHARWAD-580001. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM DHARWAD IN REGULAR APPEAL NO.94/2012 DATED 16.08.2016 AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED IN O.S.NO.100/2012 DATED 04.09.2012 PASSED BY THE II ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC-II DHARWAD IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:16658 RSA No. 100029 of 2017 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) None appears for the appellants. 2. The learned counsel appearing for the appellants has filed a memo for withdrawal, which reads as below: “WITHDRAWAL MEMO “Here in the Advocate for the appellants most respectfully request to submit as under; That in the above matter the appellants on being aggrieved by the lower court Judgments and Decrees had approached this Hon'ble Court by filing above appeal in the interest of Justice. That the appellants in fact ought to have approached the concerned Hon'ble District for ajducation of their grievance as opined in lower court judgments. That therefore, the appellants are intending to approach the concerned Hon'ble District Court for the adjudication of their remedy as such, hence above memo is filed for withdrawal of above appeal with the humble prayer to condone the delay if any and by granting liberty in approaching the concerned Hon'ble District. - 4 - HC-KAR NC: 2025:KHC-D:16658 RSA No. 100029 of 2017 Hence, withdrawal memo.” 3. Hence, the appeal is dismissed as withdrawn. 4. All questions are kept open. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 2