- 1 - NC: 2025:KHC:5199 RSA No. 1047 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO. 1047 OF 2022 (PAR) BETWEEN: SRI M. SHIVAKUMAR S/O. LATE. MAHADEVAIAH, AGED ABOUT 49 YEARS R/AT NO. 109, HVR LAYOUT, 4TH MAIN ROAD, MAGADI MAIN ROAD, BENGALURU 560079. …APPELLANT (BY SRI. RAVISHANKAR R H.,ADVOCATE) AND: 1. DODDAIAH S/O. LATE. MUNIYAPPA, AGED ABOUT 65 YEARS 2. SMT. RATHNAMMA W/O. DODDAIAH, AGED ABOUT 58 YEARS 3. ASHWATH NARAYANA S/O. LATE. DODDAIAH, AGED ABOUT 39 YEARS RESPONDENTS NO. 1 TO 3 ARE R/AT JANATHA COLONY, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5199 RSA No. 1047 of 2022 WARD NO. 2, BASGETTAHALLI POST, KASABA HOBLI, DODDABALLPURA TALUK, BENGLAURU RURAL DISTRICT 561203. 4. MANJULA D/O. DODDAIAH, AGED ABOUT 33 YEARS 5. MUNEGOWDA S/O. DODDAIAH, AGED ABOUT 37 YEARS RESPONDENTS 4 & 5 ARE R/AT SHIVAPURA, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT 561203. …RESPONDENTS (BY SRI.K.B. CHANDRASHEKARA SWAMY., ADVOCATE FOR C/R1) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 01.12.2021 PASSED IN RA.No. 2/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.02.2020 PASSED IN OS No.308/2013 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, DEVANAHALLI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:5199 RSA No. 1047 of 2022 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawal. Memo is taken on record. Appeal is dismissed as withdrawn. Pending applications, if any, stand disposed of accordingly. Sd/- (K.NATARAJAN) JUDGE SA List No.: 1 Sl No.: 32