- 1 - HC-KAR NC: 2026:KHC-D:496 RSA No. 100325 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.100325 OF 2017 (PAR) BETWEEN: 1. VAIBHAV S/O. SHIVAGOUDA PATIL, AGE: 49 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. PLOT NO.1 AND 2, DATTA NAGAR, VIDYA SAGAR COLONY, VISHRAM BHAG, SANGLI-416415. 2. AJAY S/O. SHIVAGOUDA PATIL, AGE: 47 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. PLOT NO.1 AND 2, DATTA NAGAR, VIDYA SAGAR COLONY, VISHRAM BHAG, SANGLI-416415. …APPELLANTS (BY SRI SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. SMT. REKHA W/O. KALAGOUDA PATIL, AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O. BHOJ, TAL: CHIKODI, DIST. BELAGAVI-591201. 2. PADMASHRI S/O. BABURAO GANGAI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. SANGAON, TAL: KAGAL, DIST. KOLHAPUR-416216. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:496 RSA No. 100325 of 2017 3. SHRI VIDYASAGAR BUDAGOUDA PATIL, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. INGALI, TAL: HATAKANAGALE, DIST: KOLHAPUR-416109. 4. SMT. SUNITA W/O. DADASO MANGAVE, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. KAVATHESAAR, TAL: SHIROL, DIST. KOLHAPUR-416103. 5. SHRI BHARATH S/O. BUDAGOUDA PATIL, AGE: 51 YEARS, OCC: AGRICULTURE, R/O. INGALI, TAL: HATAKANAGALE, DIST: KOLHAPUR-416109. 6. SMT. CHAMPAKKA W/O. BHUPAL KOTHALI, SINCE DECEASSED R/BY. HER LRS. 6A. SMT. SUMAN W/O. CHOUGOUDA CHOUGALE, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. AT POST SAKHARWADI VILLAGE, NEAR JAIN TEMPLE, PHALTAN-RONAD ROAD, TQ. PHALTAN, DIST. SATARA-415522. 6B. SMT. PUSHPA W/O. DHUPSAGAR KUMBHOJE, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, AT POST: BUBANAL, TQ. SHIROL, DIST. KOLHAPUR-416103. 6C. SMT. SHOBHA W/O. SURESH PATIL, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O. AT POST: DUDHGAON, TQ. MIRAJ, DIST. SANGLI-416315. 6D. SMT. SUJATA W/O. SUKUMAR CHOUDHARI, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, AT POST. NANDRE, TQ. MIRAJ, DIST. SANGLI-416312. 6E. SHRI GAJRAJ S/O. BHUPAL KOTHALI, - 3 - HC-KAR NC: 2026:KHC-D:496 RSA No. 100325 of 2017 AGE: 48 YEARS, OCC: AGRICULTURE, R/O. KUPWAD, TQ. MIRAJ, DIST. SANGLI-416436. 7. SMT. HOUSAKKA W/O. JINNAPPA BALIKAI, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O. HIREKODI, TAL: CHIKODI, DIST. BELAGAVI-591201. 8. SHRI ADAGOUDA S/O. KALAGOUDA PATIL, AGE: 73 YEARS, OCC: BUSINESS, R/O.303, JAY CO-OPERATIVE HOUSING SOCIETY LTD, PLOT NO.9, RSC-2, GORAL-1, BORVIVALI, MUMBAI-400091. …RESPONDENTS (BY SRI ANANDKUMAR A. MAGADUM, ADV. FOR R1 TO R5, AND R6 (A TO E) AND R7; NOTICE TO R8 IS SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 25.01.2017 PASSED IN R.A.NO.349/2010 ON THE FILE OF VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKODI CONFIRMING THE JUDGMENT AND DECREE DATED 31.08.2010 PASSED IN O.S.NO188/2008 ON THE FILE OF SENIOR CIVIL JUDGE, RAIBAG BY ALLOWING THE TOP NOTED APPEAL TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC-D:496 RSA No. 100325 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel appearing for the appellants files a memo seeking leave of the Court to withdraw the appeal. 2. Memo is taken on record. 3. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP /CT-AN List No.: 1 Sl No.: 50