- 1 - HC-KAR NC: 2025:KHC-D:12017 RSA No. 100399 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100399 OF 2021 (PAR) BETWEEN: JAYAPPA S/O. MALLAPPA TALAWAR AGE. 50 YEARS, OCC. AGRICULTURE, R/O. NANDIHALLI, TQ. RANEBENNUR, DIST. HAVERI-581116. …APPELLANT (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE) AND: 1. BASAMMA W/O. RAMAPPA TALAWAR AGE. 78 YEARS, OCC. AGRICULTURE, R/O. NANDIHALLI, TQ. RANEBENNUR, DIST. HAVERI-581116. 2. KUSUMAVVA W/O. KARABASAPPA YADAGODI AGE. 58 YEARS, OCC. AGRICULTURE, R/O. NANDIHALLI, TQ. RANEBENNUR, DIST. HAVERI-581116. 3. SHANTAVVA W/O. DHARAMAPPA OLEKAR AGE. 56 YEARS, OCC. AGRICULTURE, R/O. NANDIHALLI, TQ. RANEBENNUR, DIST. HAVERI-581116. …RESPONDENTS (R1 TO R3-REFUSED) THIS RSA IS FILED U/SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.12.2020 PASSED IN R.A.NO.12/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.17 12:58:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12017 RSA No. 100399 of 2021 DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 10.01.2019 PASSED IN O.S. NO.93/2013 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND II ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, ALLOWING THE SUIT FILED FOR PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Learned counsel for the petitioner has filed a memo for withdrawal of the petition. The memo reads as under: “The undersigned advocate for the appellant respectfully submits that the appellant filed the above appeal challenging Judgment and Decree dated 07.12.2020 passed by the Prl. Senior Civil Judge & JMFC, Ranebennr in R.A.No.12/2019 as well as the Judgment and decree dated 10.01.2019 passed in O.S.No.93/2013 on the file of Addl. Civil Judge & IL Addl. JMFC, Ranebennur. During the pendency of the above appeal, the appellant and the respondents have amicably settled the dispute among them in the Final Decree Proceedings in FDP No.19/2019 pending on the file of Addl. Civil Judge and 2nd Addl. JMFC Ranebennur and hence the appellant is desiring to withdraw the appeal and has instructed to file memo for withdrawal of the above appeal. Hence, the present memo is filed on the instructions of the appellant and appellant has also signed on the memo consenting to withdraw the appeal - 3 - HC-KAR NC: 2025:KHC-D:12017 RSA No. 100399 of 2021 on his own wish and will. Hence the appellant respectfully prays that this Hon'ble court may be pleased to take the memo on record and permit the appellant to withdraw the appeal and be pleased to dismiss the above appeal as withdrawn in the interest of justice.” 2. Memo is taken on record. 3. In view of the memo, the petition is dismissed as withdrawn. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 4