- 1 - HC-KAR NC: 2025:KHC:19245 RSA No. 1803 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1803 OF 2015 (PAR) BETWEEN: SRI CHUKUDA MOOLYA, S/O LATE KADANJU MOOLYA, AGE 81 YEARS, OCC: AGRICULTURE, R/AT MULLADKA VILLAGE, MULLADKA POST, KARKALA TALUK, UDUPI DISTRICT-574 129. …APPELLANT (BY SRI. PRASANNA V R., ADVOCATE) AND: 1. SMT. LEELA, W/O LATE TEEPU MOOLYA, AGED ABOUT 62 YEARS, 2. RAJESHA, S/O LATE TEEPU MOOLYA, AGED ABOUT 40 YEARS, 3. REKHA, D/O LATE TEEPU MOOLYA, AGED ABOUT 38 YEARS, 4. KISHORE S/O LATE TEEPU MOOLYA, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19245 RSA No. 1803 of 2015 AGED ABOUT 36 YEARS, 5. RAVIRAJA, S/O LATE TEEPU MOOLYA, AGED ABOUT 34 YEARS, RESPONDENT NOS.1 TO 5 ARE RESIDING WITH SRI DOMBA MOOLYA, KATEEL, KATEEL POST, MONDEMOOLA VILLAGE, MANGALORE TALUK, D.K.574 148. 6. SRI KUTTI MOOLYA, S/O LATE MUTHU MOOLYEDI, AGED ABOUT 60 YEARS, 7. SRI SHEKHARA, S/O LATE MUTHU MOOLYEDI, AGED ABOUT 58 YEARS, 8. SRI.THIMMU, S/O LATE MUTHU MOOLYEDI, AGED ABOUT 56 YEARS, 9. SRI JAYA, S/O LATE MUTHU MOOLYEDI, AGED ABOUT 54 YEARS, 10. SMT.JAYANTHI, D/O LATE MUTHU MOOLYEDI, AGED ABOUT 50 YEARS, 11. SMT.LEELA, D/O LATE MUTHU MOOLYEDI, AGED ABOUT 45 YEARS, - 3 - HC-KAR NC: 2025:KHC:19245 RSA No. 1803 of 2015 12. SRI RAMESHA, S/O LATE MUTHU MOOLYEDI, AGED ABOUT 41 YEARS, 13. SRI SURESHA, S/O LATE MUTHU MOOLYEDI, AGED ABOUT 38 YEARS, RESPONDENT NOS.6 TO 13 ARE RESIDING AT ATTUR, NITTE VILLAGE, KARKALA TALUK, UDUPI DISTRICT-576 110. 14. BABU MOOLYA, S/O NARSI MOOLYADI, AGE MAJOR, R/AT NANILTHAR, BELMAN VILLAGE & POST, KARKALA TALUK, UDUPI DISTRICT - 576111. 15. SRI MONAPPA MOOLYA S/O NARSI MOOLYEDI, AGE: MAJOR, R/AT MULLADKA VILLAGE, MULLADKA POST, KARKALA TALUK, UDUPI DISTRICT - 576121 16. SRI SIDDU MOOLYA, S/O NARSI MOOLYEDI, AGE: MAJOR, R/AT MULLADKA VILLAGE, MULLADKA POST, KARKALA TALUK, UDUPI DISTRICT - 576121 - 4 - HC-KAR NC: 2025:KHC:19245 RSA No. 1803 of 2015 17. SRI ATTU MOOLYA S/O LATE MUTHU MOOLYEDI, AGE: MAJOR, R/AT MULLADKA VILLAGE, MULLADKA POST, KARKALA TALUK, UDUPI DISTRICT. 18. SMT.SUSHEELA MOOLYEDI D/O LATE MUTHU MOOLYEDI, AGE: MAJOR, R/AT MULLADKA VILLAGE, MULLADKA POST, KARKALA TALUK, UDUPI DISTRICT - 576121 19. SMT.LEELA MOOLYEDI D/O LATE MUTHU MOOLYEDI, AGE: MAJOR, R/AT MULLADKA VILLAGE, MULLADKA POST, KARKALA TALUK, UDUPI DISTRICT - 576121 20. SMT.AMMANI MOOLYEDI D/O LATE MUTHU MOOLYEDI, AGE: MAJOR, R/AT MULLADKA VILLAGE, MULLADKA POST, KARKALA TALUK, UDUPI DISTRICT - 576121 21. SMT.GIRIJA MOOLYEDI D/O LATE MUTHU MOOLYEDI, AGE:MAJOR, R/AT MULLADKA VILLAGE, - 5 - HC-KAR NC: 2025:KHC:19245 RSA No. 1803 of 2015 MULLADKA POST, KARKALA TALUK, UDUPI DISTRICT - 576121 22. SMT.JALAYA MOOLYEDI D/O LATE MUTHU MOOLYEDI, AGE:MAJOR, R/AT MULLADKA VILLAGE, MULLADKA POST, KARKALA TALUK, UDUPI DISTRICT - 576121 …RESPONDENTS (BY SRI.GURURAJ,ADVOCATE FOR R1 TO R5) R9, R14, R15, R17, R18, R19, R20, R21 AND R22 ARE SERVED V/O DATED 08.09.2023 APPEAL DISMISSED AGAINST R6 TO R8 AND R10 TO R13 V/O DATED 08.09.2023 APPEAL IS ABATED AGAINST R16. THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.7.2015 PASSED IN R.A.NO.109/2006 ON THE FILE OF SENIOR CIVIL JUDGE & ACJM, KARKALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.4.2001 PASSED IN O.S.NO.428/1990 ON THE FILE OF II ADDL. CIVIL JUDGE (JR.DN), KARKALA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:19245 RSA No. 1803 of 2015 CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant filed a memo for withdrawal of the appeal along with the affidavit of the appellant. 2. In a memo it is stated that the dispute between the parties has been settled amicably as stated in the accompanying affidavit and as such, the appellant do not intend to prosecute the appeal. 3. The memo and affidavit are taken on record. 4. The appeal is dismissed as withdrawn. 5. In view of the dismissal of the appeal, IA.No.1/2015 does not survive for consideration. Accordingly, IA.No.1/2015 is disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 26