- 1 - HC-KAR NC: 2025:KHC:53133 RSA No. 1527 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR SECOND APPEAL NO. 1527 OF 2019 (POS) BETWEEN: 1. SRI. SANTHOSH AGED ABOUT 51 YEARS, 2. SRI. RAJESH AGED ABOUT 48 YEARS, BOTH ARE CHILDREN OF SESAPPAYYA, RESIDING AT ANGADYBETTU HOUSE, HOSANGADY VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA - 574 214. …APPELLANTS (BY SRI. DEEPAK WAGLE, ADVOCATE FOR SRI.KESHAVA BHAT A., ADVOCATE) AND: SMT. VIMALA SHETTY W/O. MOHAN SHETTY, AGED ABOUT 51 YEARS, R/AT ANGADYBETTU HOUSE, HOSANGADY VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA - 574 214. …RESPONDENT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 14.11.2018 PASSED IN RA.NO.28/2017 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53133 RSA No. 1527 of 2019 AND JMFC, BELTHANGADY, D.K. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.09.2017 PASSED IN OS.NO. 191/2010 ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC BELTHANGADY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The learned counsel for the respondent has filed IA No.1/2025 under Order XXIII Rule 1 of CPC praying to permit the respondent to withdraw the suit in OS No.191/2010 filed by the respondent-plaintiff before the Court of Additional Civil Judge and JMFC at Belthangady. The application is accompanied with the affidavit of the respondent-plaintiff. 2. Paragraph Nos.2 and 3 of the affidavit reads as follows: "2. I say that above appeal is filed challenging the Judgment and Decree in RA No.28/2017 dated 14-11-2018 passed by the Court of the Principal Senior Civil Judge and J.M.F.C. at Belthangady reversing the Judgment and Decree in OS No.191/2010 was filed by me - 3 - HC-KAR NC: 2025:KHC:53133 RSA No. 1527 of 2019 for a Judgment and Decree for recovery of possession of plaint "B" Schedule property. In the suit, defendants have filed counter claim for declaration of tile by way of adverse possession. The Trial Court dismissed the suit and decreed the counter claim. As against the Judgment and decree in OS No.191/2010, I had filed RA No.28/2017 and the Court of the Principal Senior Civil Judge and JMFC at Belthangady as per the Judgment and Decree dated 14-11-2018 allowed the regular appeal and by setting aside the Judgment of Decree in OS No.191/2010 decreed the suit directing the defendants to handover vacant possession of the plaint B schedule property to me and counter claim of the defendants was rejected. 3. I say that Plaint B schedule property is a bit of land measuing 0-03 Acers situated at Hosangady Village of Belthangady Taluk, D.K., District. I further say that myself and defendants are neighbors and thus during the pendency of this appeal, in order to maintain cordial relationship, I have decided to withdraw the suit. I further say that there is no undue influence or pressure upon me to withdraw the suit and myself and defendants are in cordial terms now. I say that therefore, I may be permitted to withdraw the suit in OS No.191/2010 filed before the Court of the Additional Civil Judge and JMFC at Belthangady as prayed in the accompanying application." 3. I have perused the above contents of the affidavit. - 4 - HC-KAR NC: 2025:KHC:53133 RSA No. 1527 of 2019 4. In view of the compromise arrived at between the parties by settling their dispute amicably and in view of the application filed by the learned counsel for the respondent-plaintiff under Order XXIII Rule 1 of CPC, the respondent-plaintiff is permitted to withdraw the suit. Accordingly, the suit in OS No.191/2010 is hereby dismissed as withdrawn. 5. In view of dismissal of the suit by way of withdrawal, the judgment and decree passed in RA No.28/2017 does not survive for consideration, so also this second appeal. Sd/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 8