- 1 - HC-KAR NC: 2025:KHC:18567 RSA No. 1103 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1103 OF 2013 (INJ) BETWEEN: 1. SMT PREMANANDINI W/O MASANAIAH, AGED ABOUT 41 YEARS, 2. MASANAIAH S/O CHUNCHAIAH, AGED ABOUT 46 YEARS, BOTH ARE R/O OPP:BEERESWAR TALKIES, BELAKAVADI VILLAGE, B.G.PURA HOBLI, MALAVALLI TQ. 571 430 …APPELLANTS (BY SRI. RAJA L., ADVOCATE) AND: SMT VENKATAMMA W/O HOSPITAL RACHAIAH AGED ABOUT 57 YEARS, R/O BELAKAVADI VILLAGE, MALAVALLI TQ - 571 430 …RESPONDENT (BY SRI. RAVI PRAKASH, ADVOCATE FOR SRI. S RAJESH, ADVOCATE FOR C/R) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18567 RSA No. 1103 of 2013 THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 6.4.13 PASSED IN R.A.NO.4/12 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 28.1.12 PASSED IN OS.NO.120/2008 ON THE FILE OF CIVIL JUDGE AND JMFC, MALAVALLI. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the respondent/plaintiff filed a memo seeking leave of the Court to withdraw the suit with liberty to file a comprehensive suit, in view of the law laid down by the Hon’ble Apex Court in the case of Anathula Sudhakar Vs. P. Buchi Reddy (dead) by legal representatives and others reported in 2008 (4) SCC 594. 2. Learned counsel for the defendants/appellants has no objection for withdrawing the suit. 3. Memo is placed on record. - 3 - HC-KAR NC: 2025:KHC:18567 RSA No. 1103 of 2013 4. The suit is dismissed as withdrawn with liberty to file a comprehensive suit if so desire. In view of the withdrawal of the suit nothing survives for consideration in the appeal. Accordingly, appeal is disposed of. Sd/- (ASHOK S.KINAGI) JUDGE BVK List No.: 1 Sl No.: 8