- 1 - HC-KAR NC: 2025:KHC:32314 RSA No. 1043 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1043 OF 2023 (EJE) BETWEEN: PARAMESHWARAPPA S/O KALLAPPA, AGED ABOUT 68 YEARS, OCC : BARBER SHOP, MAHILA SAMAJA COMPLEX, MARENAHALLI ROAD, JAGALUR TOWN, DAVANAGERE DISTRICT-577528 …APPELLANT (BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. SMT. NOORPATIMA BEGAM W/O HUSSIANMIYA, AGED ABOUT 66 YEARS, OCC :PRESIDENT MAHILA SAMAJA, JAGALUR TOWN AND TALUK, DAVANAGERE DISTRICT-577528 2. SMT. INDIRA W/O MANOHARAREDDY, AGED ABOUT 46 YEARS, OCC :SECRETARY, MAHILA SAMAJA, JAGALUR-TOWN AND TALUK, DAVANAGERE DISTRICT-577528 3. SMT. SHAMEER W/O PAKEERAPPA, AGED ABOUT 46 YEARS, OCC : CASHIER, MAHILA SAMAJA, JAGALUR TOWN AND TALUK, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32314 RSA No. 1043 of 2023 DAVANAGERE DISTRICT-577528. …RESPONDENTS (BY SRI. JAGAN MOHAN M T, ADVOCATE FOR R1 TO R3) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 31.01.2023 PASSED IN RA No.91/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND ITINERARY COURT, JAGLURU DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.06.2022 PASSED IN O.S.No.65/2016 ON THE FILE OF THE CIVIL JUDGE AND JMFC, JAGALUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a Memo for withdrawal, which reads as under: “The advocate for the appellant respectfully submits that- In view of the finding of the new facts that the respondent was not the land lord and the appellant has filed additional documents in support of his case, in the light of the said documents, the appellant may kindly be permitted to withdraw the above appeal with liberty to avail appropriate legal remedy before the appropriate forum in accordance with law, in the interest of justice and equity. This Hon’ble Court may also be pleased to direct the Registry to refund the Court fee paid in this appeal.” - 3 - HC-KAR NC: 2025:KHC:32314 RSA No. 1043 of 2023 2. This Court cannot grant any liberty for the appellant to file separate proceedings. Further, if there is any right that exists in the appellant, he may do so in accordance with law. 3. With that observation, memo is accepted in part and appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 53