- 1 - NC: 2025:KHC:11496 RSA No. 1213 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1213 OF 2018 (DEC/INJ) BETWEEN: 1. SRI. SHAIKH SHUJUDEEN SON OF LATE SHAIKH MOHIDEEN AGED ABOUT 53 YEARS WORKING IN RIYADH 11554 POST BOX NO.56368 KINGDOM OF SAUDI ARABIA ALSO RESIDING AT NO.548 NEW NO.8 3RD CROSS, 15TH MAIN, HMT LAYOUT, MATHIEKRE, BENGLAURU-560 054. …APPELLANT (BY Ms. VASUNDARA .T.P, ADVOCATE FOR SRI. P.M. SIDDAMALLAPPA, ADVOCATE) AND: 1. SRI. MURTHY SON OF LATE RANGASWAMY AGED ABOUT 29 YEARS RESIDING AT NO. 30 GIRINAGAR, 1ST CROSS BENGALURU. 2. SRI GANESH @ RAVIKUMAR SON OF LATE RANGASWAMY AGED ABOUT 25 YEARS RESIDING AT NO. 30 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11496 RSA No. 1213 of 2018 GIRINAGAR, 1ST CROSS BENGALURU. 3. SRI. MUTHURAYAPPA SON OF LATE GUNDAPPA AGED ABOUT 44 YEARS RESIDING AT KULAMEKEMPANINGANAHALLI SONDEKOPPA POST NELAMANGALA TALUK BENGALURU RURAL DISTRICT. 4. SRI. MUNIKRISHNA @ NAGI SON OF LATE NANJUNDAPPA AGED ABOUT 38 YEARS RESIDING AT D.NO.198 VADERAHALLI LAYOUT 2ND CROSS, NANJUNDAPPA COMPLEX VIDYARANYAPURA POST BENGALURU-560 097. 5. SRI NAGARAJA @ NAGI SON OF LATE NANJUNDAPPA AGED ABOUT 36 YEARS RESIDING AT D.NO.198 VADERAHALLI LAYOUT 2ND CROSS, NANJUNDAPPA COMPLEX VIDYARANYAPURA POST BENGALURU-560 097. 6. SMT THARA BAI WIFE OF RAGHUVEERA C.H AGED 75 YEARS RESIDING AT THARA NILAYA PADAVANURU VILLAGE SULPAPADAVU POST PUTTURU TALUK DAKSHINA KANNADA DISTRICT PIN CODE-574 201 7. SMT NIRMALA S MURTHY DAUGHTER OF SMT. THARA BAI - 3 - NC: 2025:KHC:11496 RSA No. 1213 of 2018 WIFE OF SHANTHA MURTHY AGED 50 YEARS RESIDING AT No.45 GURURAJA LAYOUT DODDA NEKKUNDI MARATHAHALLI POST BANGALORE-560 037 …RESPONDENTS (BY SRI. K. VIJAYA KUMAR, ADVOCATE FOR R3; SRI. PRAVEEN .G, ADVOCATE FOR R4 AND R5; SRI. M. MADHUSUDAN, ADVOCATE FOR IMPLEADING R7; V/O DATED 19.12.2024, NOTICE TO R1 AND R2 IS HELD SUFFICIENT) THIS IS RSA FILED U/S.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.04.2015 PASSED IN RA.NO.176/2014 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT BANGALORE, ALLOWING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.09.2014 PASSED IN OS.NO.277/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE. THIS APPEAL, COMING ON FOR ORDERS, 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 appellant filed a memo seeking leave of the Court to withdraw the appeal with liberty to agitate their - 4 - NC: 2025:KHC:11496 RSA No. 1213 of 2018 grievance in the appropriate proceedings before the appropriate Court. 2. Memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty. In view of the dismissal of the appeal, pending IAs, do not survive for consideration and are accordingly disposed of. SD/- (ASHOK S.KINAGI) JUDGE SKS