- 1 - HC-KAR NC: 2025:KHC-D:8089 RSA No. 100513 of 2022 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.100513 OF 2022 (PAR/POS) BETWEEN: 1. LAXMAN BASAPPA GODIGOUDAR, AGE: 44 YEARS, OCC: AGRICULTURE. 2. NAGAPPA BASAPPA GODIGOUDAR, AGE: 40 YEARS, OCC: AGRICULTURE. 3. BALAPPA BASAPPA GODIGOUDAR, AGE.:39 YEARS, OCC: AGRICULTURE. ALL ARE R/O: MUDALAGI, TQ: MUDALGI, DISTRICT BELAGAVI – 591 312. …APPELLANTS (BY SRI. M. M. PATIL, ADVOCATE FOR SRI. K. L. PATIL, ADVOCATE) AND: 1. RAJSHEKHAR MALLAPPA NIDAGUNDI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: MUDALATI, TQ: MUDALAGI, DISTRICT: BELAGAVI – 591 312. 2. DANESHWARI W/O. MALLAPPA KOPPAD, AGE: 30 YEARS, OCC: AGRICULTURE AND HOUSEWIFE, R/O: BAGOJIKOPPA, TQ: RAMDURG, DISTRICT: BELAGAVI – 591 114.. 3. MALLAPPA BASAVANTAPPA NIDAGUNDI, AGE: 64 YEARS, OCC: AGRICULTURE. 4. SMT. NEELAVVA W/O. MALLAPPA NIDAGUNDI, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8089 RSA No. 100513 of 2022 AGE: 57 YEARS, OCC: AGRICULTURE. 5. IRAPPA MALLAPPA NIDAGUNDI, AGE: 37 YEARS, OCC: AGRICULTURE, RES NO.3 TO 5 R/O: MUDALAGI, TQ: MUDALAGI, DIS: BELAGAVI – 591 312. 6. DUNDAPPA LAXMAN FIROJI, AGE: 47 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: MUDALAGI, TQ: MUDALAGI, DIS: BELAGAVI – 591 312. 7. CHANAMALLAYYA S/O. BASAYYA NIRWANI, AGE: 68 YEARS, OCC: AGRICULTURE. 8. PRAKASH CHANAMALLAYYA NIRWANI, AGE: 40 YEARS, OCC: AGRICULTURE. 9. CHANDRAYYA BASAYYA NIRWANI, AGE: 53 YEARS, OCC: AGRICULTURE, RESP NO.7 TO 9 ARE R/O: MUDALAGI, TQ: MUDALAGI, DIST: BELGAAVI – 591 312. …RESPONDENTS (BY SRI. PRASHANT MATHAPATI, ADVOCATE FOR C/R3 TO R5) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 29.06.2020 PASSED IN R.A.NO.399/2019 ON THE FILE OF XII ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI SITTING AT GOKAK AND SET ASIDE THE JUDGMENT AND DECREE DATED 03.08.2019 PASSED IN O.S.NO.90/2008 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, GOKAK AND SUIT OF THE PLAINTIFF BE DISMISSED AND THIS APPEAL BE ALLOWED WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8089 RSA No. 100513 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) Learned counsel for the appellant files a memo seeking to withdrawal of the appeal. The memo is taken on record. The appeal is dismissed as withdrawn. Sd/- (M.G.S. KAMAL) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 35