- 1 - HC-KAR NC: 2026:KHC-D:1696 RSA No. 100556 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO. 100556 OF 2025 (SP/DE/IN-) BETWEEN: 1. SRI. RAMESH S/O. LATE M. DODDA BASAPPA AGED: ABOUT 45 YEARS AGRICULTURIST, RESIDING AT SOMASAMUDRA VILLAGE BALLARI TALUK AND DISTRICT-583101. …APPELLANT (BY SRI. GAYATRI S. R., ADVOCATE) AND: 1. SRI. THIPPESWAMY S/O. LATE K. THIMMAPPA AGED: ABOUT 46 YEARS RESIDING AT WARD NO.2 SOMASAMUDRA VILLAGE BALLARI TALUK AND DISTRICT -583101. 2. SMT. THIPPAMMA D/O. LATE K. THIMMAPPA W/O LATE BENDEKAYORU SANNARAMAPPA AGED: ABOUT 42 YEARS RESIDING AT KENCHANGUDDA VILLAGE SIRUGUPPA TALUK BALLARI DISTRICT-583101. …RESPONDENTS Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1696 RSA No. 100556 of 2025 THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF THE CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT DATED 25.03.2025 PASSED BY THE I ADDL. DISTRICT JUDGE, BALLARI, DISMISSING R.A. NO. 20/2024 AND REJECTION OF I.A. NO. 11 UNDER ORDER VI RULE 17 R/W SECTION 151 OF CPC AND ALSO THE JUDGMENT AND DECREE DATED 04.03.2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, BALLARI IN O.S. NO. 211/2016 AND CONSEQUENTLY, DECREE THE SUIT OF THE PLAINTIFF. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY COURT MADE THE FOLLOWING ORDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal, which is duly signed by the appellant, stating that the appellant has entered into comprise with the respondents herein and therefore, the appellant does not intent to prosecute the appeal. Hence, prays to dismiss the appeal as withdrawn. 2. Memo is placed on record. 3. In view of the memo, the appeal is dismissed as withdrawn. - 3 - HC-KAR NC: 2026:KHC-D:1696 RSA No. 100556 of 2025 4. Registry is directed to refund Court fee to the appellant as per rules. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 1