- 1 - HC-KAR NC: 2025:KHC:30080 MSA No. 163 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 163 OF 2025 BETWEEN: MR.SUDARSHAN NAYAK S/O. LATE RAMACHANDRA NAYAK, AGED ABOUT 70 YEARS, R/AT BOLUR KATTE, MANAGALURU – 575 004. …APPELLANT (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE COMPETENT AUTHORITY ADDITIONAL DIRECTOR OF FISHERIES, MALPE, UDUPI – 576 108. 2. THE FISHERIES DEPARTMENT, REPRESENTED BY ASST. DIRECTOR OF FISHERIES (JNR SCALE), BUNDER, MANGALURU – 575 001. …RESPONDENTS THIS MSA IS FILED UNDER ORDER XLIII RULE 1 (U) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.06.2025 PASSED IN MA.NO.13/2025 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU, DISMISSING THE APPEAL FILED UNDER SECTION 10 OF THE KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, 1974. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30080 MSA No. 163 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal, which reads as under: "The counsel for the Appellant most respectfully prays this Hon'ble Court may kindly be pleased to permit the Appellant to withdraw the above petition and liberty may be reserved to file a fresh petition in the interest of justice & equity." 2. Placing the memo on record, the appeal is dismissed as withdrawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE KA List No.: 1 Sl No.: 4 CT: BHK