- 1 - HC-KAR NC: 2025:KHC:21817 RSA No. 1345 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1345 OF 2015 (PAR) BETWEEN: B.K. VISWANATH S/O N.V. KRISHNAMACHARI, AGED ABOUT 64 YEARS, R/O ASSESSMENT NO. 363, SRIRAMA BAJANEMANDIRA ROAD, 3RD BLOCK, BAGEPALLI TOWN, NOW R/AT NO. P-127, 8TH MAIN, HAL 3RD PHASE, 12TH SECTOR, JEEVANABHIMANAGAR, BANGALORE 560 075 …APPELLANT (BY SRI. JAGADEESH D C., ADVOCATE) AND: 1. N.V. KRISHNAMACHARI S/O LATE VENKATARAYACHAR, SINCE DECEASED REP. BY LRS 2. K. JAYAPRAKASH S/O N.V. KRISHNAMACHARI, AGED ABOUT 68 YEARS, R/O 7TH CROSS ROAD, PRIYADARSHANI BADAVANE, PRIYADARSHANI EXTENSION, MOODALAPALYA, NAGARABHAVI ROAD, BANGALORE-560 072 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21817 RSA No. 1345 of 2015 3. B.L. SRINIVASA BABU S/O LATE K. LOKANATH, AGED ABOUT 31 YEARS, KONAPALLI VILLAGE & HOBLI, AMBAJIDURGA POST, CHINTAMANI TALUK-563125. 4. K. NAGARAJ S/O N.V. KRISHNAMACHARI, AGED ABOUT 58 YEARS, OFFICE OF WOMEN & CHILD DEVELOPMENT PROJECT, MALAVALLI, MANDYA DISTRICT-571430. 5. K. VISHNUVARDHAN S/O N.V. KRISHNAMACHARI AGED ABOUT 53 YEARS, R/AT NO. 472, 10TH "B" MAIN ROAD, YELAHANKA NEW TOWN, BANGALORE-560 064. 6. SMT. B.K. MANORANJANAMMA AGED ABOUT 52 YEARS, R/AT NO. 145, ATHRI NIVAS, 1ST MAIN ROAD, KEMPEGOWDANAGARA, BANGALORE-560 019. 7. SMT. B.K. CHANDRAKALA W/O S. LINGACHAR, AGED ABOUT 51 YEARS, R/AT NO.6/3, 17TH CROSS, LAKKASANDRA, BANGALORE-560 029. 8. K. LAKASHMIRANI W/O S. NANJUNDACHAR, AGED ABOUT 49 YEARS, R/AT 239, 1ST FLOOR, - 3 - HC-KAR NC: 2025:KHC:21817 RSA No. 1345 of 2015 2ND MAIN ROAD, 5TH CROSS ROAD, KEMPEGOWDANAGARA, BANGALORE-560 019. 9. B.V. NARASIMHAMURTHY S/O VENKATARAYAPPA, AGED ABOUT 35 YEARS, 9TH WARD, SANTHE BEEDI, (STATE BANK OF MYSORE ROAD), BAGEPALLI-561207. 10. SMT. LALITHAMMA W/O LATE K. LOKNATH, AGED ABOUT 51 YEARS, D-GROUP EMPLOYEE, K.P.T.C.L., URBAN SUD-DIVN., CHINTAMANI-563125. 11. SMT. SARALADEVI, W/O VASUDEV, AGED ABOUT 43 YEARS, D/O LOKANATH, C/O SOCIETY KRISHNAPPA, KANNAMANGALA VILLAGE, BANGALORE EAST TALUK, BANGALORE-560 084. 12. S SRINIVASACHARI S/O ANJANACHARI AGED ABOUT 35 YEARS, GOLDSMITH OPP: TO SRI RAMA BHAJANEMANDIRA BHAJANE MANDIRA STREET 11TH WARD BAGEPALLI – 561207 13. SMT NAGARATHNAMMA @ RATHNAMMA W/O P GANGADHARACHARI AGED ABOUT 29 YEARS GOLDSMITH - 4 - HC-KAR NC: 2025:KHC:21817 RSA No. 1345 of 2015 OPP: TO SRI RAMA BHAJANE MANDIRA BHAJANE MANDIRA STREET 11TH WARD BAGEPALLI TOWN - 561207 …RESPONDENTS (BY SRI. G.R LAKSHMIPATHI REDDY, ADVOCATE FOR R8 R3, R7, R9, R10, R11, R12, R13 ARE SERVED V/O DATED 24.08.2023 SERVICE OF NOTICE TO R2 IS H/S V/O DATED 28.01.2019 NOTICE TO R5 & R6 IS H/S V/O DATED 1.09.2023 APPEAL IS DISMISSED AGAINST R4 V/O DATED 24.08.2023 R2 TO R8 & R10, R11 ARE LEGAL REPRESENTATIVES OF DECEASED R1) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.04.2015 PASSED IN R.A NO.19/2011 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM., CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.10.2010 PASSED IN O.S NO.212/2007 ON THE FILE OF THE CIVIL JUDGE AND JMFC., BAGEPALLI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT 1. The learned counsel for the appellant filed a memo dated 19.06.2025 for withdrawal of the appeal. It is stated therein that in order to put an end to the litigations between the appellant and the respondents, on the advice of the well-wishers and - 5 - HC-KAR NC: 2025:KHC:21817 RSA No. 1345 of 2015 elders in the family members, the memo be accepted and the appeal may be dismissed as withdrawn. 2. The memo is taken on record and the appeal is dismissed as withdrawn. 3. In view of the disposal of the appeal, all pending interlocutory applications, if any, stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 28