- 1 - HC-KAR CNR: KAHC010279742023 NC: 2026:KHC:40223 RSA No. 1038 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1038 OF 2023 (EJE) BETWEEN: RUDRAMUNI SON OF KOLLARAPPA AGED ABOUT 60 YEARS, OCC : WATCH REPAIR, MAHILA SAMAJA COMPLEX, MARENAHALLI ROAD, JAGALUR TOWN DAVANAGERE DISTRICT-577 528 …APPELLANT (BY SRI. BABY YADAV.B FOR SRI M.R.HIREMATHAD, ADVOCATES) AND: 1. SMT NOORPATIMA BEGAM W/O HUSSIANMIYA, AGED ABOUT 66 YEARS OCC : PRESIDENT MAHILA SAMAJA, JAGALUR TOWN AND TALUK, DAVANAGERE-DISTRICT-577528 2. SMT. INDIRA W/O MANOHARAREDDY, AGED ABOUT 46 YEARS OCC: SECRETARY, MAHILA SAMAJA, JAGALUR-TOWN AND TALLUK, DAVANAGERE-DISTRICT-577528 3. SMT. SHAMEER W/O PAKEERAPPA, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010279742023 NC: 2026:KHC:40223 RSA No. 1038 of 2023 AGED ABOUT 46 YEARS, OCC. CASHIER, MAHILA SAMAJA JAGALUR TOWN AND TALUK, DAVANAGERE -DISTRICT-577 528 …RESPONDENTS (BY SRI. JAGAN MOHAN M T, ADVOCATE FOR R1 TO R3) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 31.01.2023 PASSED IN R.A.No.87/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ITINERARY COURT, JAGALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.06.2022 PASSED IN O.S. No.64/2016 ON THE FILE OF THE CIVIL JUDGE AND JMFC, JAGALUR. 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 files the memo which reads as under: “The advocate for the appellant respectfully submits that, In identical matter against the very same respondent, the Hon’ble Apex Court pleased to dispose the SLP by granting the liberty to file comprehensive suit. In view of the same the present Appellant prays this Hon’ble Court may kindly be pleased to permit the - 3 - HC-KAR CNR: KAHC010279742023 NC: 2026:KHC:40223 RSA No. 1038 of 2023 appellant to withdraw the above appeal and further pray to direct the registry to refund the court fee, in the interest of justice and equity.” 2. Placing the memo on record, appeal is dismissed as withdrawn. 3. Refund of Court Fee not allowed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 21