- 1 - NC: 2025:KHC:660 RSA No. 2 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR SECOND APPEAL NO. 2 OF 2015 (PAR) BETWEEN: 1. 1(A) PARVATHAMMA SINCE DECEASED REP. BY HER LRS. ESHWARACHARI, S/O SUBBACHAR, SINCE DECEASED REP. BY LRS. 1(B) SMT. SAROJAMMA, W/O SRIKANTAMURTHY, AGED ABOUT 51 YEARS, R/AT RASHTRAPATHI RASTHE, DOOR NO.2684, 3RD CROSS, DAKSHINA BAGHA, NANJUNGUD TOWN-571301. 1(C) RAJA, S/O ESHWARACHARI, AGED ABOUT 48 YEARS, R/AT KANGALU VILLAGE, HARINAHALLI POST, HUNSUR TALUK – 571 105 1(D) SMT. SHASHIREKHA, W/O C S NATARAJA, AGED ABOUT 43 YEARS, R/AT MUKYAPETE QUARTERS, NO.75, GUNDULPET TOWN, CHAMARAJNAGAR DIST. – 571 313 Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:660 RSA No. 2 of 2015 1(E) SHIVAMAHADEVAPPA, S/O ESHWARACHARI, AGED ABOUT 41 YEARS, 1(F) ANANDA, S/O ESHWARACHARI, AGED ABOUT 39 YEARS, Sl. No.1(A), (E) & (F) ARE R/AT DOOR NO.492 (22), MARUTHI BADAVANI, HUNSUR-571105. …APPELLANTS (BY SRI. PRITHVIRAJ SHASTRY G., ADVOCATE FOR SRI. G BALAKRISHNA SHASTRY., ADVOCATE) AND: 1. 1(A) GOWRAMMA SINCE DECEASED REP. BY HER LRS PUTTARAJACHAR S/O NANJUNDASWAMACHAR AGED ABOUT 56 YEARS R/AT NALLITHALAPURA HULLEHALLI HOBLI NANJANGUD TALUK MYSORE DISTRICT - 571 301 1(B) ESHWARACHAR S/O NANJUNDASWAMACHARI AGED ABOUT 54 YEARS R/AT C/O CHANNAVEERAPPA CHAR RAMANATHUNGA VILLAGE HITNEHEBBAGILU POST RAVANDUR HOBLI PERIYAPATNA TALUK - 571 107 1(C) JAYAMMA D/O NANJUNDASWAMACHAR W/O SHARANAPPA - 3 - NC: 2025:KHC:660 RSA No. 2 of 2015 AGED ABOUT 51 YEARS R/AT HANGALA VILLAGE AND POST, HANGALA HOBLI GUNDLUPET TALUK CHAMARJANAGAR DIST. - 571 313 2. NAGAMMA W/O LATE SANNAPPACHAR AGED ABOUT 49 YEARS 3. CHANDRASHEKARAMURHTY S/O LATE SANNAPPACHAR AGED ABOUT 30 YEARS 4. K S SHIVAKUMARA S/O LATE SANNAPPACHAR AGED ABOUT 25 YEARS RESPONDENT Nos.2 TO 4 ARE R/O KONASUR VILLAGE BHUVANAHALLI POST BETTADAPURA HOBLI PERIYAPATNA TALUK MYSORE DISTRICT 571102 …RESPONDENTS (R1 (A-C) ARE SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.9.2014 PASSED IN R.A.NO.311/2012 ON THE FILE OF THE PRL. DISTRICT & SESSIONS JUDGE, MYSORE, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 12.6.2012 PASSED IN O.S.NO.6/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., HUNSUR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA - 4 - NC: 2025:KHC:660 RSA No. 2 of 2015 ORAL JUDGMENT Learned counsel for the appellants has filed a memo dated 9.1.2025 reporting death of appellant No.1(a) and further appellants No.1 (b) to (f) are the legal representatives of appellant No.1(a). 2. Memo is placed on record. Learned counsel for the appellants is permitted to make necessary note in the appeal memorandum. 3. Learned counsel for the appellants has filed a memo dated 6.1.2025 stating therein that appellants No.1(b) to (f) want to withdraw the appeal. 5. Said memo is placed on record. 6. In view of the memo filed by appellants No.1(b) to (f), the appeal is dismissed as withdrawn. All pending I.A.s are disposed of. Sd/- (T.G. SHIVASHANKARE GOWDA) JUDGE rs/List No.: 1 Sl No.: 5