- 1 - HC-KAR NC: 2025:KHC:23908 RSA No. 2079 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 2079 OF 2021 (DEC/INJ) BETWEEN: SRI. K.S. SUDHAKARA S/O LATE SUBBANNAGOWDA AGED ABOUT 66 YEARS R/AT NO.53, OPP. TO BASAVA MANDIRA HIREMAGALURU BY PASS ROAD KALYANA NAGAR CHIKKAMAGALURU DISTRICT-577139. …APPELLANT (BY SRI VISHNU BHAT, ADVOCATE) AND: 1. SRI. D. AJITH KALKULI S/O LATE K.S.DHARMAPPAGOWDA AGED ABOUT 37 YEARS AGRICULTURIST AND CONTRACTOR RESIDENT OF KALKULI VILLAGE THEKKUR POST, SRINGERI CHIKKAMAGALURU DISTRICT-577139. 2. K.S. VASUDEVA S/O LATE SUBBANNAGOWDA AGED ABOUT 59 YEARS R/AT NO.53, OPP. TO BASAVA MANDIRA Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23908 RSA No. 2079 of 2021 HIREMAGALURU BY PASS ROAD KALYANA NAGAR CHIKKAMAGALURU DISTRICT-02. 3. K.S. MANJUNATHA S/O LATE SUBBANNAGOWDA AGED ABOUT 54 YEARS RESIDENT OF BETTAGERE THEKKUR POST, SRINGERI CHIKKAMAGALURU DISTRICT-577139. 4. SRI. K.S. MALLAPPAGOWDA S/O LATE SUBBANNAGOWDA AGED ABOUT 72 YEARS R/O NO.D-3, 88, 1ST CROSS, 1ST STAGE, PEENYA INDUSTRIAL AREA BENGALURU-560038. 5. SRI. K.S. RAVI S/O LATE SUBBANNAGOWDA AGED ABOUT 59 YEARS R/O NO.047, AGB LAYOUT MAHALAKSHMIPURAM BENGALURU-560086. 6. SMT. K.S. JAYAMMA W/O KESHAVAMURTHY AGED ABOUT 70 YEARS R/O HOSABEEDU BEJJAVALLI POST THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT-577232. 7. SMT. K.S.SAVITHA W/O ISHWARA AGED ABOUT 57 YEARS R/O GADIKAL VILLAGE - 3 - HC-KAR NC: 2025:KHC:23908 RSA No. 2079 of 2021 KOPPA TALUK CHIKKAMAGALURU DISTRICT-577126. 8. SMT. K.S. VANITHA W/O PUTTASWAMYGOWDA AGED ABOUT 55 YEARS R/O MAKODU VILLAGE MALLANDUR POST CHIKKAMAGALURU (T) & (D)-577130. 9. SMT. K.S. ANITHA D/O LATE SUBBANNAGOWDA AGED ABOUT 54 YEARS R/O BETTAMAKK SEEBINAKERE POST THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT-577432. …RESPONDENTS (BY SRI. S. RAJASHEKAR, ADVOCATE FOR R1; SRI. N.K. RAMESH, ADVOCATE FOR R2 TO R8) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.08.2020 PASSED IN R.A.NO.26/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH - 4 - HC-KAR NC: 2025:KHC:23908 RSA No. 2079 of 2021 ORAL JUDGMENT The learned counsel for the appellant filed a memo seeking permission of this Court to withdraw the appeal due to his ill-health and hence, is not in a position to continue the appeal. The said memo is signed by the appellant itself and the counsel for the appellant also filed a memo seeking permission of the Court to withdraw the appeal. In view of the said memos, the counsel for the appellant is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn. Sd/- (H.P.SANDESH) JUDGE SN