- 1 - HC-KAR NC: 2025:KHC:43289 RFA No. 587 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 587 OF 2024 (MON) BETWEEN: 1. GOPALA G.M. S/O. LATE MANJEGOWDA, AGED ABOUT 57 YERAS, KORAVANGALA VILLAGE AND POST, DUDDA HOBLI, HASSAN TALUK AND DISTRICT - 573 201 2. BILIYAMMA W/O GOPALA G M AGED ABOUT 54 YERAS, R/AT KORAVANGALA VILLAGE AND POST, DUDDA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. …APPELLANTS (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. THE EXECUTIVE ENGINEER (ELECTRICITY) RAJA RAJESHWARI NAGARA DIVISION, BBMP, BANGALORE - 85. 2. NINGEGOWDA M J @ KUMAR S/O JAVAREGOWDA, STREET LIGHT CONTRACTOR, NO. 31, 9TH MAIN ROAD, 4TH CROSS, AVALAHALLI, BSK 3RD STAGE, BANGALORE - 560 085. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43289 RFA No. 587 of 2024 3. THE ASSISTANT ENGINEER BESCOM, O AND M 2S-15 (OLD S-9) KATHRIGUPPE, BSK 3RD STAGE, BENGALURU - 560 085. …RESPONDENTS THIS RFA FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.11.2023 PASSED IN OS NO.85/2022 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN., PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo dated 24.10.2025 seeking to withdraw the appeal. The same reads as under: "MEMO FOR WITHDRAWAL Undersigned counsel appearing for the Appellants respectfully submits that, the above appeal was preferred against the judgment and decree passed against Respondents by awarding the compensation Rs. 12,19500/- in O.S.No 85/2022 by the Addl. Senior civil & CJM at Hasssan. The Respondent No.1 and 3 are preferred Misc. Petition by challenging the exparte Judgment and Award in Misc. 19/2024 and Misc. 24/2024 both the petitions are came to be allowed by restoring the O.S.No. 85/2022 and both parities directed to appear before the court on 24-09-2025. In view of the - 3 - HC-KAR NC: 2025:KHC:43289 RFA No. 587 of 2024 restoration of the O.S.No.85/2022 the appeal filed against very same judgment which is already restored does not survive for consideration. In view of the same permit the appellants to withdraw the above appeal by reserving the liberty to challenge the judgment and decree passed in O.S.No. 85/2022 after the adjudication. In the event the appellants are dissatisfied with award of compensation awarded by the trial court in the interest of justice and equity." Accordingly, this petition is disposed of as withdrawn with liberty as sought for in the memo. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 3 Sl No.: 8