- 1 - NC: 2025:KHC:8009 RSA No. 1969 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO. 1969 OF 2008 (DEC/INJ) BETWEEN: 1. LAKKAPPA, SINCE DECEASED BY HIS LRS, HANUMAKKA, W/O HANUMANTHAPPA, D/O LATE LAKKAPPA, MAJOR, 2. BHAGYAMMA, W/O LAKSHMEGOWDA, D/O LATE LAKKAPPA, MAJOR, ALL ARE R/O BUKKASAGARA, HOSADURGA TALUK, CHITRADURGA DISTRICT. APPELLANTS (BY SRI. SC VIJAYAKUMAR.,ADVOCATE) AND: 1. BL NAGENDRAPPA, S/O LATE LAKKAPPA, AGED ABOUT 60 YEARS, R/O BUKKASAGARA, HOSADURGA, CHITRADURGA DISTRICT. 2. LAKKAMMA, W/O RAMAKRISHNAPPA, Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8009 RSA No. 1969 of 2008 HOUSEHOLD WORK, R/O VALAGERAHALLI, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT. 3. GOWRAMMA, W/O T VARADARAJANNA, 3A T VARADARAJANNA, S/O LATE T THIMMAIAH, AGED ABOUT 74 YEARS. 3B V TRIVENI, D/O T VARADARAJANNA, AGED ABOUT 45 YEARS, 3C NALINAKSHI, C/O T VARADARAJANNA, AGED ABOUT 43 YEARS, 3(A TO C) ARE R/O AT MATHODU, HOSADURGA TALUK, CHITRADURGA DISTRICT. 3D SHANTHAKUMARI, D/O T VARADARAJANNA, W/O VASANTHKUMAR, BASAVESHWARA LAYOUT, MADANAYAKANAHALLI, BENGALURU. 3E ANILKUMAR TV, S/O T VARADARAJANNA, AGED ABOUT 39 YEARS, 1ST CROSS, KALYAN NAGAR, DASARAHALLI, BENGALURU. 3F TV CHANDRASHEKAR, S/O T VARADARAJANNA, AGED ABOUT 37 YEARS, - 3 - NC: 2025:KHC:8009 RSA No. 1969 of 2008 MATHODU, HOSADURGA TALUK, CHITRADURGA DISTRICT. 3G MV TEJAVATHI, D/O T VARADARAJANNA, W/O RAVISHANKAR, AGED ABOUT 35 YEARS, GARUDANAGERE, ARASIKERE TALUK, HASSAN DISTRICT. 3H TV RAGHAVENDRA, S/O T VARADARAJANNA, AGED ABOUT 33 YEARS, NEAR CHOWDESHWARI BUS STAND, MATTHIKERE BENGALURU. RESPONDENTS (BY SRI. GOPALAKRISHNA MURTHY C., ADVOCATE FOR R3(A TO H) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 29.5.08 PASSED IN R.A.NO 85/01 ON THE FILE OF THE CIVIL JUDGE, (SR.DN), HOLALKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 9.8.96 PASSED IN OS 544/89 ON THE FILE OF THE MUNSIFF, HOSADURGA AND ETC,. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:8009 RSA No. 1969 of 2008 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo for withdrawing the appeal. 2. The submission is placed on record. 3. In view of the above submission, the appeal is dismissed as withdrawn. 4. Pending interlocutory application do not survive for consideration. Sd/- (K.NATARAJAN) JUDGE PNV List No.: 1 Sl No.: 86