- 1 - HC-KAR NC: 2025:KHC:19541 RSA No. 1242 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1242 OF 2015 (DEC/INJ) BETWEEN: 1. H.K. UMESHAPPA S/O KENCHABHARAMAPPA AGED ABOUT 43 YEARS R/AT: H. KADADAKATTE VILLAGE HONNALLI TQ DAVANAGERE DIST:577 217 2. H.S. KARIBASAPPA S/O SANNATHIMMAPPA AGED ABOUT 44 YEARS R/AT: H. KADADAKATTE VILLAGE HONNALLI TQ DAVANAGERE DIST:577 217 …APPELLANTS (BY SRI. G. NATARAJ, ADVOCATE) AND: 1. ESHWARAIAH S/O HANUMANTHAPPA AGED ABOUT 50 YEARS NANDEESWARA BADAVANE NEAR UPPER TUNGA OFFICE R/AT: H. KADADAKATTE VILLAGE HONNALLI TQ DAVANAGERE DIST:577 217 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19541 RSA No. 1242 of 2015 2. THE SECRETARY AND PRESIDENT GRAM PANCHAYATH H. KADAKATTE VILLAGE HONNALLI TQ DAVANGERE DISTRICT 3. PRESIDENT SDMC COMMITEE L.P.S., H.KADADAKATTE HONNALI TQ, DAVANAGERE DIST:577 217 …RESPONDENTS (BY SRI. P.M. SIDDAMALLAPPA, ADVOCATE FOR R1; R2 & R3 ARE SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.11.2013 PASSED IN R.A NO.42/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, HARIHAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.04.2013 PASSED IN O.S NO.34/2007 ON THE FILE OF THE CIVIL JUDGE AND JMFC., HONNALI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing for some time, learned counsel for the appellants has filed a memo for withdrawal of the appeal. 2. It is stated that, the appellants may be permitted to withdraw the appeal with liberty to file a fresh suit in the representative capacity as the instant suit was dismissed - 3 - HC-KAR NC: 2025:KHC:19541 RSA No. 1242 of 2015 without following the mandatory provisions under Order 1 Rule 8 of CPC. Hence, prays to dismiss the appeal with liberty to file fresh suit on the same cause of action. 3. Learned counsel for the respondent submits no objection to grant the liberty. 4. Memo is placed on record. 5. Appeal is dismissed as withdrawn with the aforesaid liberty. 6. In view of disposal of the appeal, pending IA No.2/2015 does not survive for consideration. Same stands disposal of. Sd/- (ASHOK S.KINAGI) JUDGE SK/List No.: 1 Sl No.: 26