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Judgment
The appellant has filed this Regular Second Appeal under Section 100 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), praying to set aside the judgment and decree dated 23.06.2012 passed by the learned District Judge, Kodagu - Madikeri, in R.A.No.16/2011 reversing the order dated 20.01.2011 passed in IA-1 in Execution Case No.101/2022 by the learned Senior Civil Judge, Madikeri.
Now, the learned counsel for the appellant has filed a memo for withdrawal of the appeal. The contents of the memo reads as under:
"The Appellant Smt. T.B. Nanjamma submits that, she has compromised the above matter on the advise of the relatives and friends and entered with an agreement of sale of the property bearing Sy.No.48/1 at measuring of 5.00 acres of Paradeena Bane land out of 11.35 acres with coffee and pepper cultivation, situated at Hoddur village, Madikeri Taluk, Kodagu District bounded on the:
East by : Property belong to Sri Thimmaiah & Raghavaiah,
West by : Paisary Land,
North' by : Road & Chettimada Nancy Basappa.
South by : Property of Baduvanda Subramani,
In favour of Sri. T.S. Somanna, for valuable consideration for an amount of Rs.35,00,000/-.
2.The Appellant Smt. T.B. Nanjamma has received the entire sale consideration amount of Rs.35,00,000/- from the agreement Holder on the agreement dated 30-04-2026. The entire sale consideration amount is paid by Sri. T.S. Somanna on this 09th Day of June 2026 at Madikeri.
3.The appellant Smt. Nanjamma have the right to dispose the other properties allotted to her share at Kumbaladalu village may dispose at her will and her choice.
4.The appellant Smt. Nanjamma undertakes to support to the Mutation Proceedings at the Taluk Office or at Trail court either by way of filing Execution Petition or compromise Petition to the names of the Defendant/s herein.
Wherefore the Appellant prays to withdraw the above appeal in the interest of justice and equity."
In view of the memo and considering the fact that the matter is settled out of the Court, the Regular Second Appeal is dismissed as withdrawn.
Pending interlocutory applications, if any, shall stand dismissed.