- 1 - HC-KAR NC: 2025:KHC:38621 RSA No. 1091 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1091 OF 2022 (INJ) BETWEEN: PRATHAMIKA SAHAKARA KRUSHI AND GRAMEENA BANK LIMITED PERIYAPATNA TALUK MYSURU DISTRICT-571 107 REPRESENTED BY ITS PRESIDENT SRI. LOKESH E.P. S/O E.B. PANDURANGA …APPELLANT (BY SRI KSHITIJ M.P FOR SRI NAGAIAH, ADVOCATE) AND: KARNATAKA STATE ROAD TRANSPORT CORPORATION MYSURU RURAL DIVISION BANNIMANTAPA MYSORE -570 015 REPRESENTED BY ITS DIVISIONAL CONTROLLER KSRTC, MYSURU …RESPONDENT (BY SRI P D SURANA, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 22.04.2022 PASSED IN R.A.No.39/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.09.2019 PASSED IN O.S.No.289/2012 ON THE FILE OF THE CIVIL JUDGE AND JMFC, PERIYAPATNA. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38621 RSA No. 1091 of 2022 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT After addressing the arguments for some time, memo came to be filed which reads as under: “The undersigned counsel for appellant prays this Hon’ble Court may be pleased to permit the appellant to withdrawn the appeal, with granting a liberty to file a suit for declaration in the interest of justice and equity.” 2. Placing the memo on record, appeal is dismissed as withdrawn with liberty to file a fresh suit. If any such suit is filed, defendant is at liberty to oppose the suit on all counts. Sd/- (V SRISHANANDA) JUDGE MR