- 1 - NC: 2025:KHC:9475 RSA No. 854 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 854 OF 2022 (PAR) BETWEEN: MRS. LEELA KRISHNASWAMY W/O LATE KRISHNASWAMY AGED ABOUT 73 YEARS R/A H.NO.5/NEW NO.44 MEDAR BLOCK, 2ND MAIN BAMBOO BAZAR, MYSORE …APPELLANT (BY SRI. SHIVARAMU H C., ADVOCATE) AND: 1. MR T S DORAIRAJ S/O LATE SHIVASWAMY AGED ABOUT 71 YEARS 2. MR T S NAGARAJ S/O LATE SHIVASWAMY AGED ABOUT 68 YEARS BOTH ARE R/A 2303/139, NEW NO.44 MEDAR BLOCK, 2ND MAIN BAMBOO BAZAR, MYSORE 3. MRS. VIMALA RAJ W/O GURURAJ, AGED ABOUT 59 YEARS #2303/139, NEW NO.44 MEDAR BLOCK, 2ND MAIN BAMBOO BAZAR MYSORE …RESPONDENTS (BY SRI. A GURUPRASAD, ADVOCATE FOR R3) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9475 RSA No. 854 of 2022 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.02.2015 PASSED IN RA.NO.67/2014 ON THE FILE OF THE V ADDITIONAL DISTRICT JUDGE, MYSURU, PARTLY ALLOWING APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.01.2013 PASSED IN O.S.NO.1164/2009 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE, MYSORE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant filed a memo seeking leave of the Court to withdraw the appeal with liberty to file appropriate application before the First Appellate Court under Order XLI Rule 21 of the Code of Civil Procedure, 1908. Memo is placed on record. The appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE BVK