- 1 - HC-KAR NC: 2025:KHC:22225 RSA No. 49 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.49 OF 2023 (DEC/INJ) BETWEEN: 1. T S KALLESH S/O LATE T K SHIVANNA AGED ABOUT 46 YEARS 2. T S SATISH S/O LATE T K SHIVANNA AGED ABOUT 49 YEARS 3. G MAHESH S/O LATE GURUSIDDAPPA AGED ABOUT 46 YEARS 4. DARSHAN S/O G MAHESH AGED ABOUT 18 YEARS 5. VISMAIAH D/O G MAHESH AGED ABOUT 16 YEARS THE APPELLANT NO.5 IS MINOR, REP. BY HIS NATURAL GUARDIAN FATHER - G MAHESH Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22225 RSA No. 49 of 2023 ALL ARE R/AT CHIKKABANAVARA NELAMANGALA TALUK BENGALURU RURAL DISTRICT – 560 090 6. KUM T S VANITHA D/O LATE SHIVANNA AGED ABOUT 40 YEARS 7. T S JAGADISH S/O LATE SHIVANNA AGED ABOUT 40 YEARS SL. NO.1, 2, 6 & 7 ALL ARE R/AT ARCHAKA QUARTERS, SOMESHWARA TEMPLE B H ROAD, TUMAKUR- 572 102 8. SRI B R RAMESH S/O LATE RENUKA AGED ABOUT 57 YEARS 9. SRI B R SURESH S/O LATE RENUKA (HIS NAME WRONGLY SHOWN IN THE APPEAL AS B R SATESH) SL. NO.8 & 9 ALL ARE R/AT NO.524/5, SREE SADANA, 2ND CROSS, MALLESHWARAM, NEAR STATE BANK OF INDIA, BENGALURU- 560 021 10. SRI MAHANTESH S/O LATE T K JAYANNA AGED ABOUT 52 YEARS - 3 - HC-KAR NC: 2025:KHC:22225 RSA No. 49 of 2023 11. SRI T J MALLIKARJUNA S/O LATE T K JAYANNA AGED ABOUT 48 YEARS SL. NO.10 & 11 ALL ARE R/AT ARCHAKA QUARTERS SOMESHWARA TEMPLE B H ROAD, TUMKUR- 572 102 12. SRI HONNAGANASHETTY S/O LATE SIDDANANJAPPA AGED ABOUT 92 YEARS 13. SRI H YATHEESH S/O S HONNAGANGASHETTY AGED ABOUT 54 YEARS SL. NO.12 & 13 R/AT HARIYURU POST HEBBURU HOBLI HONNUDIKE POST TUMAKUR RURAL TALUK- 572 102 14. SMT. BHARATHI D/O S HONNAGANGASHETTY AGED ABOUT 58 YEARS R/AT BATAWADI EXTENSION TUMKUR- 572 103 15. SRI T K NATARAJU SINCE DEAD BY HIS LEGAL REPRESENTATIVES S/O LATE KALLAPPA SHASTRY AGED ABOUT 81 YEARS R/AT ARCHAKA QUARTERS SOMESHWARA TEMPLE - 4 - HC-KAR NC: 2025:KHC:22225 RSA No. 49 of 2023 B H ROAD, TUMAKUR- 572 102 15(A) T K RAMESH S/O LATE T K NATARAJU AGED ABOUT 51 YEARS R/AT GANAPATHI DEVALAYA VINOBHANAGARA B H ROAD, TUMKUR – 572 102 15(B) T N NANDAKUMAR S/O LATE T K NATARAJU AGED ABOUT 46 YEARS ARCHAKA R/AT ARCHAKA QUARTERS SOMESHWARA TEMPLE B H ROAD, TUMKUR – 572 102 15(C) T N KALLESH S/O LATE T K NATARAJU AGED ABOUT 43 YEARS GANAPATHI DEVALAYA VINOBHANAGARA B H ROAD, TUMKUR – 572 102 16 SRI T S THONTARADHYA S/O LATE KALLAPPA SHASTRY AGED ABOUT 72 YEARS R/AT ARCHAKA QUARTERS SOMESWARA TEMPLE B H ROAD, TUMKUR – 572 102 …APPELLANTS (BY MS. HARSHITHA G T, ADVOCATE) - 5 - HC-KAR NC: 2025:KHC:22225 RSA No. 49 of 2023 AND: 1. SRI SHIVAKUMAR S P S/O LATE PUTTASWAMAIAH AGED ABOUT 54 YEARS R/AT CHANNABASAVESHWARA BADAVANE 4TH CROSS, UPPARAHALLI TUMKUR- 572 102 2. SRI RANGASWAMAIAH S/O LATE RANGAIAH AGED ABOUT 79 YEARS R/AT SOPANAHALLI GATE BANAWARA POST, NAGAVALLI TUMKUR- 572 102 3. SRI NAGAPPA S/O LATE RANGAIAH AGED ABOUT 74 YEARS R/AT BIDRAMALETHOTTA TUMKUR TALUK 4. SRI LAKSHMAMMA W/O LATE LAKSHMAN AGED ABOUT 68 YEARS 5. SRI UMESH S/O LATE LAKSHMAN AGED ABOUT 50 YEARS 6. SRI MARIANNA S/O LATE RANGAIAH AGED ABOUT 56 YEARS R/AT GEDDALAHALLI VILLAGE TUMAKUR TOWN TUMAKURU - 6 - HC-KAR NC: 2025:KHC:22225 RSA No. 49 of 2023 7. SRI ANANTHA S/O LATE RANGAPPA AGED ABOUT 49 YEARS R/AT BIDARUMALETHOTTA TUMKUR TALUK 8. SMT. ASHWATHAMMA W/O LATE PUTTASWAMAIAH AGED ABOUT 70 YEARS 9. SRI S P NIRANJAN S/O LATE S R PUTTASWAMAIAH AGED ABOUT 49 YEARS SL. NO. 8 & 9 R/AT BEHIND SJS SAMUDAYA BHAVANA GEDDALAHALLI MAIN ROAD, SAPTHAGIRI LAYOUT, 1ST CROSS, TUMKURU- 572 102 …RESPONDENTS (BY SRI B K SAMPATH KUMAR, SR. ADVOCATE FOR SRI G S PRASANNA, ADVOCATE FOR R8 & R9) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 02.09.2022 PASSED IN R.A.NO.123/2018 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH - 7 - HC-KAR NC: 2025:KHC:22225 RSA No. 49 of 2023 ORAL JUDGMENT Heard the learned counsel appearing for the appellants and respondent Nos.8 and 9 on memo filed by the appellants wherein the appellants seek permission of this Court to withdraw the appeal as not pressed. The said memo is signed by the appellants as well as their counsel. The counsel for respondent Nos.8 and 9 also says no objection to withdraw the appeal. In view of the said memo and also there is no objection from the other side, the counsel for the appellants is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn. Sd/- (H.P.SANDESH) JUDGE SN