- 1 - HC-KAR CNR: KAHC010387062007 NC: 2026:KHC:45755 RSA No. 1762 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR SECOND APPEAL NO. 1762 OF 2007 (INJ) BETWEEN: 1. SRI MAHABALA KARNA AGED ABOUT 59 YEARS S/O AITHAPPA KARNA M.K.STORES, NEAR SHETTY ICE CREAM CO. N H 17 KULAI, MANGALORE-583257. …APPELLANT (BY SRI. DURLABH SHETTY, ADVOCATE FOR SRI. N DINESH RAO., ADVOCATE) AND: 1. SRI SHIVARAMA H UDUPA AGED ABOUT 53 YEARS S/O HARIDAS UDUPA C/O HOTAL GURUPRASAD MAIN ROAD KULAI, MANGALORE TALUK. …RESPONDENT (BY SRI. PAVAN SRINIVAS., ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 2.4.2007 PASSED IN R.A.NOS.89/2002 & 114/2002 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR.DN.) & CJM, MANGALORE, ALLOWING THE APPEAL IN R.A.NO. 114/2002 AND DISMISSING THE APPEAL IN R.A.NO.89/2002 FILED AGAINST THE JUDGMENT AND DECREE Digitally signed by NAGARATHNA M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010387062007 NC: 2026:KHC:45755 RSA No. 1762 of 2007 DATED 4.2.2002 PASSED IN OS.NO.766/1998 ON THE FILE OF THE IV ADDL.CIVIL JUDGE (JR.DN.), MANGALORE, D.K.TRAIL COURT DISMISSED AND DECREED THE SUIT APPELLATE COURT ALLOWED THE APPEAL SUIT FOR PERMANENT MANDATORY INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. The contents of the memo read as under: “Since the appellant and respondent have amicably resolved the dispute, the appellant does not want to further prosecute the appeal. Hence, the above appeal may please be dismissed as withdrawn.” Learned counsel for the respondent submits that the respondent has no objection. In view of the memo and the supporting submission, the appeal is dismissed as withdrawn. - 3 - HC-KAR CNR: KAHC010387062007 NC: 2026:KHC:45755 RSA No. 1762 of 2007 Pending interlocutory applications, if any, stand disposed of. Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 SL No.: 11