- 1 - NC: 2025:KHC-D:4426 RSA No. 101523 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 101523 OF 2022 (-) BETWEEN: SHRI. GOPINATH SHENOY SON OF SRI. M. GOVIND RAO, AGED ABOUT 64 YEARS, OCC: BUSINESS, R/O. NO.17, TEMPLE ROAD, LAXMIPURAM, MYSORE, NOW AT GOVINDA MADHAV, 960/4, III MAIN ROAD, DEEWAN SHESHADRI IYER ROAD, LAXMIPURAM, MYSORE-570004. …APPELLANT (BY SRI. VENKATESH R. BHAGAT & SRI. VINIT V. BHAGAT, ADVOCATES) AND: 1. M/S. KURBETTI BROTHERS AND SONS A PARTNERSHIP FIRM, HAVING IT’S PLACE OF BUSINESS SITUATED AT NO.864, SATHWAL ROAD, NIPPANI, DIST: BELAGAVI. 2. SHRI. BHARATH BASHETTI KURBETTI, S/O. SRI. BASHETTI SHIVAPPA KURBETTI, AGED ABOUTL 72 YEARS, OCC: BUSINESS, R/O. NIPPANI, CHIKODI TALUKA, DIST: BELAGAVI. …RESPONDENTS THIS REGULRAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, 1908, TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.158/2017 DATED 02.07.2022 PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI, CONFIRMING JUDGMENT AND DECREE PASSED IN O.S. NO.69/2005 DATED 26.04.2017 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, CHIKKODI, AND TO DECREE THE SUIT OF THE PLAINTIFF/APPELLANT AS PRAYED FOR IN ITS ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4426 RSA No. 101523 of 2022 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Learned counsel appearing for the appellant has filed memo stating that the lis between the parties is settled and accordingly the appellant is seeking withdrawal of the appeal. Memo is accepted. Accordingly, the appeal is dismissed as withdrawn. Since the matter is settled between the parties, Registry is directed to return the admissible court fee in favour of the appellant forthwith. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 8