- 1 - HC-KAR CNR: KAHC010249132023 NC: 2026:KHC:42960 RSA No. 920 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 920 OF 2023 (INJ) BETWEEN: K. MOHAMMED GHOUSE PEER D/O. LATE K ABDUL GAFFAR SAB AGED ABOUT 68 YEARS OCCUPATION : BUSINESS R/O NO 579, IMAM NAGAR, BEHIND NOORANI MASJID DAVANAGERE CITY DAVANAGERE DISTRICT PIN CODE - 577 534. …APPELLANT (BY SRI. HARISH KUMAR M.S., ADVOCATE) AND: 1. SRI. K.S. MANSOOR, S/O. SHER ALI AGED ABOUT 38 YEARS, R/O. IN THE HOUSE OF S.K. MUZAMMIL, BEHIND STAR SHADI MAHAL, BHAGATH SIND NAGAR DAVANAGERE DAVANAGERE DISTRICT - 577 534 2. SRI. SHER ALI K. ABDUL GAFFAR SAB AGED ABOUT 70 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010249132023 NC: 2026:KHC:42960 RSA No. 920 of 2023 R/O. IN THE HOUSE OF S.K. MUZAMMIL, BEHIND STAR SHADI MAHAL, BHAGATH SIND NAGAR DAVANAGERE DAVANAGERE DISTRICT - 577 534 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.37/2020 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE DATED 27.01.2023 CONFIRMING THE JUDGMENT AND DRECEE PASSED IN O.S.NO.41/2010 DATED 24.07.2020 ON THE FILE OF ADDL. CIVIL JUDGE AT DAVANAGERE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo. Memo reads as under: "In the above matter the Appellant herein submits that the respondent has taken the possession of the suit schedule property in the file of Ex.No.248/2023 in view same the present appeal as become infructuous. Hence, - 3 - HC-KAR CNR: KAHC010249132023 NC: 2026:KHC:42960 RSA No. 920 of 2023 the present appeal may kindly be dismissed as withdrawn in the interest of justice and equity." 2. Placing the memo on record, appeal stands dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 11