Ishwarappa S/O Basappa Madli, vs Shivakka W/O Ningappa Kyalkond,
2021 Latest Caselaw 3111 Kant

         IN THE HIGH COURT OF KARNATAKA
           DHARWAD BENCH AT DHARWAD

      DATED THIS THE 04TH DAY OF AUGUST 2021

                      BEFORE

THE HON'BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

        RSA No.100469/2016 (PAR-POSS)

BETWEEN :

1.    ISHWARA PPA S/O BASAPPA MADLI,
      AGE:68 YEARS, OCC: AGRICULTU RE,
      R/O: PUDAKALKATT I VILLAGE,
      TQ & DIST: DHARWAD-580001.

2.    B ASAVARAJ S/O ISHWARAPPA MADLI,
      AGE:28 YEARS, OCC: AGRICULTU RE,
      R/O: PUDAKALKATT I VILLAGE,
      TQ & DIST: DHARWAD.
                                     ...APPELLANTS
(B Y SRI.SHIVARAJ C.B ELLAKKI, ADVOCATE)

AND

1.    SHIVAKKA W/O NINGAPPA KY ALKOND,
      AGE:63 YEARS,
      OCC:AGRICU LT URE,
      R/O: MORAB , TQ: NAVALGUND,
      DIST: DHARWAD.

2.    KALAVVA W/O KALLAP PA METI,
      AGE:58 YEARS, OCC: AGRICULTU RE,
      R/O: HANAMAGIR I ONI,
      TQ: SAU NDATTI,
      DIST: B ELAGAVI.
                                   ....RESPONDENTS

(B Y SRI.AVINASH B ANAKAR, ADV. FOR R1 & R2 )
                            2


      THIS REGU LAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CODE OF CIVIL PROCEDUR E
PRAYIN G THIS COURT TO ALLOW THE PRESENT A PPEA L
B Y MODIFYING T HE JUDGEMENT & DECREE OF TH E
LOWER A PPELLAT E COU RT DAT ED DT D:01.03.2016
PASSED IN R.A.NO.95/ 2012 ON THE FILE OF TH E
PR INCIPA L   DIST RICT     AND   SESSIONS    JU DGE,
DHARWAD, B Y ALLOW ING T HE REGU LAR APPEAL
NO.95/ 2 012 IN IT S ENT IRETY AND CONSEQU ENT LY SET
ASIDE THE JU DGMENT AND DECREE DT D:28.03.2012
PASSED IN O.S. NO.264/ 20 07 AND DISMISS THE SU IT
B EFORE THE III- ADDIT IONAL SEN IOR CIVIL JU DGE,
DHARWAD,

     THIS A PPEAL COMING ON FOR ORDER S THIS DAY ,
THE COU RT DELIVERED THE FOLLOWING:


                  : JUDGMENT :

Learned counsel appearing for the

appellants has filed a memo seeking withdrawal

of the appeal. The parties to the appeal have

also put their signature intending to withdraw

the appeal. The memo is taken on record.

In view of the memo filed, the appeal is

dismissed as withdrawn.

Sd/-

JUDGE

RM