- 1 - HC-KAR NC: 2025:KHC:19099 RSA No. 610 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 610 OF 2013 (DEC/INJ) BETWEEN: 1. SMT DEVAMMA SINCE DEAD BY HIS LEGAL REPRESENTATIVES THE APPELLANT No.1 IS DIED DURING THE PENDENCY OF THE ABOVE APPEAL THE APPELLANT No.2 AND 3 TREATED AS THE LR'S OF APPELLANT No.1 2. SMT. SHIVAMMA W/O NANJUNDANAYAKA D/O LATE ANKAIAH AGED ABOUT 65 YEARS 3. SRI SHIVANNA SINCE DEAD BY HIS LEGAL REPRESENTATIVES 3(A) SMT. LAKSHMAMMA W/O LATE SHIVANNA AGED ABOUT 40 YEARS 3(B) SMT. JYOTHI H.S. D/O LATE SHIVANNA W/O SHIVU D AGED ABOUT 29 YEARS R/AT BANNISARIGE VILLAGE NAYAKARA STREET Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19099 RSA No. 610 of 2013 KUNAGANAHALLI POST YALANDUR TALUK CHAMARAJANAGAR DISTRICT – 571 442 3(C) SMT. ROOPA H.S. D/O LATE SHIVANNA AGED ABOUT 20 YEARS APPELLANTS No.2,3(A) AND 3(C) ARE R/AT HOSAKOTE VILLAGE CHIKKAIAHANA CHATRA HOBLI NANJANAGUD TALUK MYSORE DISTRICT – 571 129 …APPELLANTS (BY SRI. L M RAMAIAH GOWDA, ADVOCATE) AND: SRI CHENNAIAH SINCE DEAD BY HIS LEGAL REPRESENTATIVES 1. SMT. CHINNAMMA W/O LATE CHENNAIAH AGED ABOUT 54 YEARS 2. SRI. KRISHNA S/O LATE CHENNAIAH AGED ABOUT 36 YEARS 3. SMT. LAKSHMI D/O LATE CHENNAIAH AGED ABOUT 34 YEARS ALL ARE R/AT DOOR No.14, 1ST CROSS BEDARAKANNAPPA DEVASTANA PAMPAPAYTHI ROAD CHIKKAHARADANAHALLI JAYANAGAR, MYSORE. …RESPONDENTS (RESPONDENTS ARE SERVED) - 3 - HC-KAR NC: 2025:KHC:19099 RSA No. 610 of 2013 THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 7.12.2012 PASSED IN R.A.NO.40/2012 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 13.2.2012 PASSED IN OS.NO.229/2006 ON THE FILE OF THE II ADDL. CIVIL JUDGE & JMFC., MYSORE. 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 appellants filed a memo seeking the leave of the Court to withdraw the appeal with liberty to file fresh suit against the legal representatives of the alleged deceased defendant. 2. The memo is placed on record. 3. The appeal is dismissed as withdrawn with the aforesaid liberty. - 4 - HC-KAR NC: 2025:KHC:19099 RSA No. 610 of 2013 In view of the dismissal of the appeal. I.A.No.1/2025 does not survive for consideration and accordingly, disposed of Sd/- (ASHOK S.KINAGI) JUDGE BVK