Learned counsel for appellant has filed a memo dated

31.10.2022 for withdrawal of appeal stating that appellant was

plaintiff before trial Court and he was agreement holder in

respect of property bearing Sy.no.21/P29 measuring one acre

situated at Yerappanahalli Village, Bidarahalli Hobli, Bengaluru

East Taluk. It was stated that agreement of sale was executed

on 13.10.2010 and there was registered GPA executed on same

day. It was further stated that though trial Court had dismissed

suit without considering agreement of sale and GPA, during

pendency of appeal, parties had entered into compromise,

wherein, registered consent deed was executed on 14.09.2022

and in view of above, appeal would not survive for

consideration.

Learned counsel for respondents however, would

submit that land in question was a granted land and

respondents belong to schedule caste and therefore, alienation

or transfer would attract provisions of Karnataka Scheduled

Castes and Scheduled Tribes (Prohibition of Transfer Certain

- 4 -

Lands) Act, 1978. He would further submit that he has no

instructions about any settlement between parties.

Since appellant wants to withdraw appeal whether

any actions of parties would attract provisions under any

enactment need not be adjudicated at this stage, especially as

no liberty is reserved to appellant.

Memo is placed on record.

In view of memo, appeal is dismissed as withdrawn.

Registry is directed to refund admissible Court fee to

appellant.

Sd/-

JUDGE

JY

List No.: 1 Sl No.: 19