- 1 - HC-KAR NC: 2025:KHC-K:3704-DB RFA No. 200047 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE Mrs JUSTICE K S HEMALEKHA REGULAR FIRST APPEAL NO. 200047 OF 2025 (PAR/POS) BETWEEN: SMT.JAGADEVI W/O. MALLIKARJUN HUGAR @ DODDIMANI (D/O. LATE SHIVARAYA GANGANI) AGE 49 YRS, OCC. HOUSE HOLD R/O. NEELUR, TQ.AFZALPUR, DIST. KALABURGI-585 213. …APPELLANT (BY SRI. LIYAQAT FAREED USTAD, ADVOCATE) AND: 1. SHARNAMMA D/O. LATE SHIVARAYA GANGANI AGE 38 YRS, OCC. AGRICULTURE & LEGAL PARCTITIONER, R/O. RATAKAL VILLAGE TQ. CHINCHOLI DIST. KALABURAGI-585 307. 2. SRIDEVI W/O. NANJUND YELSANGIKAR (D/O. LATE SHIVARAYA GANGANI) AGE 33 YRS, OCC. HOUSEHOLD Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3704-DB RFA No. 200047 of 2025 R/O. PLOT NO.53/2, VENKATRAMAN LAYOUT OPP. ESI HOSPITAL SEDAM ROAD, KALABURAGI-585 104. 3. SIDDAPPA S/O. LATE SHIVARAYA GANGANI AGE 36 YEARS, OCC. AGRICULTURE R/O. RATAKAL VILLAGE TQ. CHINCHOLI DIST. KALABURAGI-585 307. 4. VEERANNA S/O. LATE SHIVARAYA GANGANI AGE 42 YEARS, OCC. AGRICULTURE R/O. RATAKAL VILLAGE TQ. CHINCHOLI DIST. KALABURAGI-585 307. 5. SMT. CHANNAMMA W/O. SIDDANNA KINNI AGE 68 YEARS, OCC. AGRICULTURE R/O. RATAKAL VILLAGE TQ. CHINCHOLI DIST. KALABURAGI-585 307. …RESPONDENTS THIS RFA IS FILED U/S 96 OF CPC, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE & MODIFY THE JUDGMENT AND DECREE DATED 05-06-2021 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE & JMFC CHINCHOLI PASSED IN O.S. NO.51/2019, TO THE EXTENT OF ITEM NO.2 (D) I.E., SY. NO.369/1 MEASURING 1 ACRE 32 GUNTAS AND ITEM NO.2 (E) I.E.SY.NO.369/3 MEASURING 2 ACRE 28 GUNTAS AND ITEM NO.2 (G) I.E., RESIDENTIAL HOUSE GOT CONSTRUCTED BY DEFENDANT NO.1 VEERANNA AT RATAKAL VILLAGE, KINDLY THE MATTER MAY BE REMANDED BACK TO THE TRIAL COURT FOR FRESH DISPOSAL. - 3 - HC-KAR NC: 2025:KHC-K:3704-DB RFA No. 200047 of 2025 THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON’BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS JUSTICE K S HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K S HEMALEKHA) Memo is filed by the learned counsel appearing for the appellant seeking to withdraw the appeal. 2. Memo reads as under: “The appellant in the above matter may be permitted to withdraw the above appeal reserving the liberty to avail appropriate remedy or relief provided under the law, hence the above appeal may be dismissed as withdrawn reserving the liberty as sought, in the interest of justice and equity.” 3. In view of the memo filed, the appeal is dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC-K:3704-DB RFA No. 200047 of 2025 4. In light of the withdrawal of appeal, pending I.As does not survive for consideration, same are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE HB List No.: 1 Sl No.: 17