Karnataka High Court
Sri Krishna S/O Malhar Rao Kulkarni vs Smt Leela W/O Venkatesh Hampiholli on 25 October, 2025
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NC: 2025:KHC-D:14239
RSA No. 100668 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 25TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO.100668 OF 2025
BETWEEN:
SRI. KRISHNA S/O. MALHAR RAO KULKARNI,
AGE: 61 YEARS, OCC. PRIVATE SERVICE,
R/O. CTS NO 1/9 KOPPA TANK,
SAIDAPUR VILLAGE, M.B. NAGAR, DHARWAD-580008.
...APPELLANT
(BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE)
AND:
SMT. LEELA W/O. VENKATESH HAMPIHOLLI,
R1 DEAD, HIS LRS ARE ALREADY ON RECORD AS
R2 AND R3.
1. SRI. RAVINDRA S/O. VENKATESH HAMPIHOLLI,
AGE: 68 YEARS, OCC. PENSIONER,
R/O. #RM 103, A WING FLAT NO. 101,
YASHAVANT SNEHA VAIBHAV CHS MIDC DOMBIVILLI EAST,
NARAYANKAR
THANE-421201, MAHARASTRA.
Digitally signed by
YASHAVANT
NARAYANKAR
Date: 2025.10.27
10:44:18 +0530
2. SMT. SANDYA @ SNEHA D/O. VENKATESH HAMPIHOLLI,
AGE: 57 YEARS, OCC. HOUSEWORK,
R/O. #RM 103, A WING FLAT NO. 101,
SNEHA VAIBHAV CHS MIDC DOMBIVILLI EAST,
THANE-421201, MAHARASTRA.
3. SRI. AJIT S/O. MALHAR KULKARNI,
AGE: 69 YEARS, OCC. PRIVATE SERVICE
R/O. BHAVANI NAGAR, DESAI APARTMENT,
DHARWAD-580001.
4. SMT. SNEHA W/O. ANANTH KULKARNI,
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NC: 2025:KHC-D:14239
RSA No. 100668 of 2025
HC-KAR
AGE: 50 YEARS, OCC. HOUSEWIFE
R/O. 1514, MANDOLI ROAD, 3RD CROSS,
DWARAKANAGAR, AROGYA KENDRA,
BELAGAVI-590009.
5. SRI. SOHIL S/O. ANANTH KULKARNI,
AGE: 32 YEARS, OCC. PRIVATE SERVICE,
R/O. 1514, MADOLI ROAD, 3RD CROSS,
DWARAKANAGAR, AROGYA KENDRA,
BELAGAVI-590009.
6. SRI. SOHAN S/O. ANANTH KULAKARNI,
AGE: 28 YEARS, OCC. STUDENT,
R/O. 1514, MADOLI ROAD, 3RD CROSS,
DWARAKANAGAR, AROGYA KENDRA,
BELAGAVI-590009.
7. SRI. PAVAN S/O. VIJAYA KULKARNI,
AGE: 36 YEARS, OCC. PRIVATE SERVICE,
R/O. CTS 1/9 KOPPA TANK, SAIDAPUR VILLAGE,
M.B.NAGAR, DHARWAD-580008.
8. SMT. SUREKHA W/O. SRIKANT JOSHI,
AGE: 62 YEARS, OCC. HOUSEWORK,
R/O. S.N. JOSHI, ADVOCATE, MANGALWAR PETH,
NEAR NAGRESHWAR TEMPLE, DHARWAD-580008.
...RESPONDENTS
(BY SMT. SUNANDA AYATTI AND
SMT. VIDYA JAHAGIRDAR, ADVOCATE FOR R1 AND R2/C)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
11.08.2025 IN R.A.NO 50/2023 PASSED BY THE COURT OF IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD
CONFIRMING JUDGMENT AND DECREE DATED 09.06.2023 IN O.S.NO
89/2016 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL
JUDGE AND CJM., DHARWAD, AND DISMISSED THE SUIT FOR IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C M JOSHI
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NC: 2025:KHC-D:14239
RSA No. 100668 of 2025
HC-KAR
ORAL JUDGMENT
Learned counsel appearing for the appellant has filed a
memo seeking withdrawal of the appeal, which reads as under:
"MEMO FOR WITHDRAWAL
"The Appellant submits as under.
The appellant handed over the actual
possession of schedule property and also handed
over key to Decree holders/plaintiffs/respondents
1 & 2 on 24/10/2025.
Wherefore, the appellant prays that, this
Hon'ble court may be pleased to permit the
appellant to withdraw the above appeal as not
pressed and may be pleased to refund the court
fee in the interest of justice and equity."
2. In view of the memo, the appeal stands dismissed as
withdrawn. The Court fee paid by the appellant is ordered to be
refunded as per rules.
3. In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive for consideration
and are disposed of accordingly.
SD/-
(C M JOSHI)
JUDGE
RKM
CT:PA
