- 1 - HC-KAR NC: 2025:KHC:54084 RSA No. 2380 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 2380 OF 2017 (POS) BETWEEN: SRI. SHARATH D. H. S/O HOMBALE GOWDA, AGED ABOUT 43 YEARS, AT GANESHA CLINIC, NO.4, SHIVASHAKTHI COMPLEX, MALLASANDRA CROSS, HESARAGHATTA MAIN ROAD, BANGALORE - 560 057. …APPELLANT (BY SRI. SHANKAR S. BHAT, ADVOCATE) AND: SMT. HEMALATHA W/O T.L NARAYANA, AGED ABOUT 47 YEARS, R/AT ANUGRAHA NILAYA, TIPPEGHATTA VILLAGE, MARATAGERE POST, ARSIKERE TALUK, HASSAN DISTRICT - 571 311. …RESPONDENT (BY SRI. H.M. RAVISHANKAR, ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD 16.08.2017 PASSED IN R.A.NO.111/2011 ON THE FILE OF THE VIII ADDL.DIST SESSIONS JUDGE,BENGALURU RURAL DISTRICT, BENGALURU, Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54084 RSA No. 2380 of 2017 DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD08.10.2010 PASSED IN OS.NO.1796/2006 ON THE FILE OF THE ADDL.II CIVIL JUDGE (JR.DVN.) BANGALORE RURAL DISTRICT,BANGALORE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 17.12.2025, which reads as under: "In the above case, the appellant is seeking the leave of this Hon'ble court to withdraw the as not pressed. The appeal may be dismissed as withdrawn. The court fee paid may be refunded as per law. Suit was in respect of a shop and possession was taken long ago appeal is not pressed." 2. The memo is taken on record. 3. In view of the said memo, the appeal is dismissed as withdrawn. The registry is directed to return the court fee paid by the appellant in accordance with law. Sd/- (DR.K.MANMADHA RAO) JUDGE HDK