- 1 - NC: 2025:KHC:15723 RSA No. 740 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO.740 OF 2024 (PAR/DEC) BETWEEN: SRI. PUTTAPPA S/o SHIVAPPA AGED ABOUT 59 YEARS, RESIDING AT MALLENAHALLI VILLAGE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT -577 428 …APPELLANT (BY SRI KASHINATH J D, ADVOCATE) AND: 1. SMT. RADHA W/o SURESHA AGED ABOUT 38 YEARS RESIDING AT NEAR ANJANEYA TEMPLE, AVARAGERE VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT -577 003 2. SRI SHIVANANDAPPA S/o SIDDAPPA VODAMPURA AGED ABOUT 60 YEARS RESIDING AT NEAR ANJANEYA TEMPLE, AVARAGERE VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT -577 003 3. SRI RAGHAVENDRA S/o SHIVANANDAPPA AGED ABOUT 34 YEARS RESIDING AT NEAR ANJANEYA TEMPLE, AVARAGERE VILLAGE, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15723 RSA No. 740 of 2024 DAVANAGERE TALUK, DAVANAGERE DISTRICT -577 003 4. SRI RAJAPPA S/o ERAPPA AGED ABOUT 37 YEARS, RESIDING AT MALLENAHALLI VILLAGE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT- 577428 5. SRI BUDYAPPA S/o ERAPPA AGED ABOUT 35 YEARS, RESIDING AT MALLENAHALLI VILLAGE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT -577428 6. SMT GIRIJAMMA W/o ERAPPA AGED ABOUT 74 YEARS, RESIDING AT MALLENAHALLI VILLAGE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT -577 428 …RESPONDENTS [BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE FOR R1 (NOTICE NOT YET ORDERED)] THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.10.2023 PASSED IN R.A No.19/2020 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.12.2019 PASSED IN O.S.No.88/2014 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC., SHIKARIPURA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI - 3 - NC: 2025:KHC:15723 RSA No. 740 of 2024 ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawal of the appeal stating that the appellant has instructed him to withdraw the appeal. Hence, the learned counsel humbly prays to dismiss the appeal as withdrawn with liberty to work out remedy and to urge the ground in the Final Decree Proceedings. 2. Memo is placed on record. Accordingly, appeal is dismissed as withdrawn with liberty as prayed for. Sd/- (ASHOK S.KINAGI) JUDGE MR