- 1 - HC-KAR NC: 2025:KHC:21990 RSA No. 468 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 468 OF 2014 (INJ) BETWEEN: RAMESHA S/O MALEGOWDA AGED ABOUT 54 YEARS RESIDENT OF MADAPURA VILLAGE SALIGARAMA HOBLI K R NAGAR TQ MYSORE DISTRICT-571 602. …APPELLANT (BY SRI. ANAGHA NARASIMHA C.N., FOR SRI. P.B. AJIT., ADVOCATES) AND: 1. BOMMARAYEGOWDA S/O BOMMARAYEGOWDA AGED ABOUT 80 YEARS RESIDENT OF MADAPURA VILLAGE SALIGRAMA HOBLI K R NAGAR TQ MYSORE DISTRICT-571 602. 2. SWAMYGOWDA S/O BOMMARAYEGOWDA AGED ABOUT 78 YEARS RESIDENT OF MADAPURA VILLAGE SALIGRAMA HOBLI K R NAGAR TQ Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21990 RSA No. 468 of 2014 MYSORE DISTRICT-571 602. 3. RAJEGOWDA S/O BOMMARAYEGOWDA AGED ABOUT 63 YEARS RESIDENT OF MADAPURA VILLAGE SALIGRAMA HOBLI K R NAGAR TQ MYSORE DISTRICT-571 602. …RESPONDENTS (BY SRI. G M ANANDA.,ADVOCATE FOR R1 TO R3) THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 9.10.2012 PASSED IN R.A.NO.11/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., K.R.NAGAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD: 17.4.2012 PASSED IN OS.NO.185/2005 ON THE FILE OF THE CIVIL JUDGE & JMFC., KRISHNARAJANAGAR. 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 sometime, learned counsel for the appellant filed a memo seeking leave of the Court to withdraw the suit with liberty to file a comprehensive suit in view of the law laid down by the Hon’ble Apex Court in the case of Anathula Sudhakar Vs. P. Buchi Reddy (dead) by legal representatives and others reported in 2008 (4) SCC 594. - 3 - HC-KAR NC: 2025:KHC:21990 RSA No. 468 of 2014 2. The memo is placed on record. 3. The suit is dismissed as withdrawn with a liberty to file a comprehensive suit if so desire. In view of the withdrawal of the suit nothing survives for consideration in this appeal. Accordingly, the appeal is disposed of. In view of disposal of the appeal, I.A.No.2/2014 does not survive for consideration. Accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SSB CT: SN