- 1 - HC-KAR NC: 2025:KHC-D:8047 RSA No. 100959 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100959 OF 2016 (DEC/INJ) BETWEEN: SHRI. SHIVAJI BAPU SAMAGAR @ SHINDHE, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: AT POST KAKAMARI, TAL: ATHANI, DIST: BELAGAVI – 591 304. …APPELLANT (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. SHRI. ARJUN BAPU SAMAGAR @ SHINDHE, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: AT POST KAKAMARI, TAL: ATHANI, DIST: BELAGAVI – 591 304. 2. SHRI.VASANT BAPU SAMAGAR @ SHINDHE, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: AT POST KAKAMARI, TAL: ATHANI, DIST: BELAGAVI – 591 304. …RESPONDENTS (BY SRI. SANTOSH.B.RAWOOT & SRI. A.L.SANDRIMANI, ADVOCATES FOR C/R1; NOTICE TO R2 IS DISPENSED WITH) THIS RSA IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF CPC SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.48/2012 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., ATHANI AT ATHANI DATED 06.09.2016 CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE COURT OF PRL. CIVIL JUDGE AND J.M.F.C, ATHANI IN O.S.NO.362/2007 DATED 24.08.2012 AND ETC., THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8047 RSA No. 100959 of 2016 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal, which reads as under: “HEREIN the Memo for withdrawal on behalf of the appellant is as under:- The appellant and respondents are in possession of the properties allotted to their respective shares and their names are duly appearing in the revenue records. With the intervention of elders and well wishers the appellant has decided to settle the dispute outside the court and therefore does not wish to proceed with the top noted RSA. The top noted RSA may kindly be disposed of as “withdrawn”. Hence this memo.” Memo is taken on record. The appeal is dismissed as withdrawn. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 5