- 1 - NC: 2025:KHC:9236 RSA No. 321 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 321 OF 2022 (PAR) BETWEEN: 1. SMT. ANJINAMMA D/O LATE THIRUMALAPPA AGED ABOUT 47 YEARS R/O THIMMASANDRA KASABA HOBI, DODDABALLAPURA TALUK 561203 2. SMT. RATHNAMMA D/O LATE THIRUMALAPPA AGED ABOUT 53 YEARS R/O IYYANAHALLI DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK 561203 3. SMT. CHANNAMMA D/O LATE THIRUMALAPPA W/O SUBBANNA AGED ABOUT 50 YEARS R/O MALLASANDRA SUSALU HOBI DODDABALLAPURA TALUK 561203 …APPELLANTS (BY SRI. HARISH KUMAR M S., ADVOCATE) AND: 1. SMT. JAYALAKSHMAMMA D/O LATE THIRUMALAPPA W/O PUTTA NARASAPPA AGED ABOUT 48 YEARS R/O THIMMASANDRA Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9236 RSA No. 321 of 2022 KASABA HOBLI DODDABALLAPURA TALUK 2. SMT. NEELAVATHI @ NEELAMMA W/O LATE NARAYANAPPA AGED ABOUT 50 YEARS 3. KUM. MANJULA D/O LATE NARAYANAPPA AGED ABOUT 22 YEARS 4. KUM. CHANDANA D/O LATE NARAYANAPPA AGED ABOUT 20 YEARS THE RESPONDENT No.2 TO 3 ARE ALL R/AT THIMMASANDRA KASABA HOBLI DODDABALLAPURA TALUK 561203 5. SRI. MUNICHANNAPPA S/O LATE THIRUMALAPPA AGED ABOUT 55 YEARS R/AT THIMMASANDRA KASABA HOBLI DODDABALLAPURA TALUK 561203 6. SRI. H.M. THIMMEGOWDA S/O LATE MUNISHAMAPPA AGED ABOUT 60 YEARS R/O GADAMBACHALLI R/O THIMMASANDRA MAJARA KASABA HOBLI DODDABALLAPURA TALUK 561203 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE ORDER DATED 20.01.2020 PASSED ON IA No.II IN RA.No.10043/2019 (OLD No.4/2017) ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DODDABALLAPURA, DISMISSING THE IA No.II AND FILED AGAINST THE JUDGMENT AND DECREE DATED 01.08.2013 - 3 - NC: 2025:KHC:9236 RSA No. 321 of 2022 PASSED IN OS No264/2005 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, DODDABALLAPURA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing the matter for some time, learned counsel for the appellants appearing through video conference seeks leave of this Court to withdraw the appeal with liberty to seek clarification from the trial Court regarding the quantum of share regarding the equity/share of the appellants. Submission is placed on record. The appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE BVK