IN THE HIGH COURT OF DHARWAD BENCH DATED THIS THE 12 TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MRS. JUSTICE S.SUJATHA AND THE HON’BLE Dr. JUSTICE H. B. PRABHAKARA SASTRY RFA No.100001/2015 (DEC/INJ) BETWEEN : SHRI.KESHAV SHRIMANT B. PATIL, AGE: 59 YEARS, OCC: AGRICULTURE, R/O -591 256, TALUKA: ATHANI, DIST: BELAGAVI. … APPELLANT (BY SRI.M.G.NAGANURI, ADV.)

A N D :

1. SMT.SEVANTABAI W/O RAJARAM B. PATIL, AGE: 54 YEARS, OCC: AGRICULTURE & HOUSEHOLD, R/O CHAMAKERI-591 256, TALUKA: ATHANI, DIST: BELAGAVI.

2. SHRI.DADASAB RAJARAM B. PATIL, AGE: 38 YEARS, OCC:AGRICULTURE, R/O CHAMAKERI-591 256, TALUKA: ATHANI, DIST: BELAGAVI.

3. SHRI.BABASAHEB RAJARAM B. PATIL, AGE: 33 YEARS, OCC: AGRICULTURE, R/O CHAMAKERI-591 256, TALUKA: ATHANI, DIST: BELAGAVI.

4. SMT.PREMA W/O BALESH KHILARE, AGE: 30 YEARS, OCC: HOUSEHOLD, R/O – 591 171, TALUKA: , DIST: BELAGAVI. 2

SMT.HOUSABAI W/O DADA B.PATIL, DIED ON 21.12.2014. NO LRS.

5. SMT.LAXMIBAI W/O BAJIRAO B. PATIL, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O CHAMAKERI-591 256, TALUKA: ATHANI, DIST: BELAGAVI. PRESENTLY RESIDING AT , POST: MADABHAVI – 591 232, TALUKA: ATHANI, DIST: BELAGAVI.

6. SHRI.VIJAY BAJIRAO B. PATIL, AGE: 33 YEARS, OCC: AGRICULTURE, PRESENTLY RESIDING AT SIDDEWADI, POST: MADABHAVI – 591 232, TALUKA: ATHANI, DIST: BELAGAVI.

7. SHRI.SACHIN BAJIRAO B. PATIL, AGE: 31 YEARS, OCC: AGRICULTURE, R/O CHAMAKERI-591 256, TALUKA: ATHANI, DIST: BELAGAVI. PRESENTLY RESIDING AT SIDDEWADI, POST: MADABHAVI – 591 232, TALUKA: ATHANI, DIST: BELAGAVI. …RESPONDENTS

(BY SRI.JAGADISH PATIL, ADV.FOR C/R1 TO R7 (C.P.2629/2014)

THIS APPEAL IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 04.12.2017, PASSED IN O.S.NO.15/2012 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, ATHANI, DECREEING THE SUIT FILED FOR DECLARATION AND INJUNCTION.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:

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JUDGMENT

The learned counsel for the appellant has filed a memo for withdrawal of the appeal.

Memo is taken on record and the appeal is dismissed as withdrawn.

In view of dismissal of the appeal, all pending memos and I.A’s are consigned to file.

Sd/- JUDGE

Sd/- JUDGE

MBS/-