- 1 - HC-KAR NC: 2025:KHC:22257 RSA No. 61 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.61 OF 2021 (DEC/INJ) BETWEEN: 1. SMT. DODDAMMA, WIFE OF LATE MUDLAPPA, AGED ABOUT 78 YEARS, RESIDING AT PANDOMATTI VILLAGE, UBBRANI HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577213. 2. SMT. CHANDRAMMA, WIFE OF RAMAPPA, AGED ABOUT 59 YEARS, RESIDING AT PANDOMATTI VILLAGE, UBBRANI HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577213. …APPELLANTS (BY SRI. P.M.GOGI, ADVOCATE FOR SRI. SIDDAMALLAPPA P.M., ADVOCATE) AND: 1. SRI. SOMANNA KARAPLARA, SON OF ESHWARAPPA, AGED ABOUT 56 YEARS, RESIDING AT PANDOMATTI VILLAGE, UBBRANI HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577213. 2. SRI. RUDRAPPA KARAPLARA, SON OF ESHWARAPPA, AGED ABOUT 51 YEARS, RESIDING AT PANDOMATTI VILLAGE, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22257 RSA No. 61 of 2021 UBBRANI HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577213. 3. SRI. ASHOK KARAPLARA, SON OF ESHWARAPPA, AGED ABOUT 50 YEARS, RESIDING AT PANDOMATTI VILLAGE, UBBRANI HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISRICT-577213. …RESPONDENTS (BY SRI. VINAYAKA S. KOTI, ADVOCATE FOR SRI. G.D.GANGADHAR, ADVOCATE FOR R1 TO R3) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.01.2020 PASSED IN R.A.NO.95/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT CHANNAGIRI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.10.2019 PASSED IN O.S.NO.133/2017 ON THE FILE OF THE II ADDL.CIVIL JUDGE AND JMFC AT CHANNAGIRI. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellants has filed I.A.No.1/2022 for withdrawal of the suit and consequently the second appeal with permission to file a fresh suit for declaration and for recovery of possession. 2. The learned counsel for the respondents submits that I.A. may be allowed keeping open all the issues. - 3 - HC-KAR NC: 2025:KHC:22257 RSA No. 61 of 2021 3. In view of the submission of the learned counsel for the respondents and also the prayer sought in the application, the learned counsel for the appellants is permitted to withdraw the appeal with liberty to file a fresh suit as sought in the appeal. All the issues are kept open. 4. The appeal is dismissed as withdrawn. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 40