- 1 - NC: 2025:KHC:16525 RSA No. 2292 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 2292 OF 2017 (MOR) BETWEEN: 1. H N LAKSHMI W/O HARISH AGED ABOUT 35 YEARS, R/AT NO.220, 1ST FLOOR 18TH G MAIN ROAD 6TH BLOCK, KORAMANGALA BENGALURU-560095 2. H K RAMACHANDRA S/O LATE KUNNEGOWDA @ KUNNAIAH AGED ABOUT 47 YEARS, R/O NO.18/2 EDIGARA BEEDI HALAGURU MALAVALLI TALUK MANDYA DISTRICT-571430 …APPELLANTS (BY SRI. M.S. ASWATHA REDDY, ADVOCATE) AND: 1. S NARASIMHAIAH SINCE DEAD BY LEGAL REPRESENTATIVES H N SUNDAR RAJ S/O LATE S NARASIMHAIAH AGED ABOUT 57 YEARS R/AT C/O VENKATESH DOOR NO.136/1, 3RD CROSS, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16525 RSA No. 2292 of 2017 VENKATASWAMY BUILDING, DEVASANDRAM, K.R.PURA BENGALURU-560083 2. M N PURUSHOTHAM S/O LATE S NARASIMHAIAH AGED ABOUT 55 YEARS, R/AT C/O SIDDAPPA RETD. EXCISE GUARD, 4TH CROSS, OPP. JAYALAKSHMI THEATER MALAVALLI TLAUK MANDYA DISTIRCT – 571 430 3. H N RAMANNA S/O LATE S NARASIMHAIAH AGED ABOUT 42 YEARS R/O HALAGURU VILLAGE MALAVALLI TLAUK MANDYA DISTRICT-571421 4. H N LAKSHMANA S/O LATE NARASIMHAIAH AGED ABOUT 40 YEARS, R/AT C/O LATHA, DOOR NO.3739 12TH CROSS, NEELAKANTA NAGAR NANJANAGUDU MYSORE DISTRICT-571301 5. GOWRAMMA S/O LATE S NARASIMHAIAH AGED ABOUT 85 YEARS, R/O MASJID ROAD HALAGURU VILLAGE MALAVALLI TALUK MANDYA DISTRICT-571421 6. H N PREMA D/O LATE S NARASIMHAIAH AGED ABOUT 38 YEARS, R/O MASJID ROAD, HALAGURU VILLAGE - 3 - NC: 2025:KHC:16525 RSA No. 2292 of 2017 MALAVALLI TALUK, MANDYA DISTRICT-571421 7. H N SUMITHRA D/O LATE S NARASIMHAIAH W/O KUDULUR GOPAL AGED ABOUT 43 YEARS, R/AT JPM LAYOUT, BEHIND JPM COLLEGE HALAGURU-571421 8. H K NARASIMHASWAMY SINCE DEAD BY LEGAL REPRESENTATIVE N NARSASIMHASWAMY S/O H K NARASIMHASWAMY AGED ABOUT 39 YEARS R/AT 1529, 1ST FLOOR, E BLOCK, AECS LAYOUT, KUNDANAHALLI BENGALURU-37 …RESPONDENTS (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR R8) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD 09.08.2017 PASSED IN R.A.NO.36/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE., MALAVALLI, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 01.08.2012 PASSED IN OS.NO.59/2007 ON THE FILE OF THE 1ST ADDITIONAL CIVIL JUDGE., MALAVALLI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:16525 RSA No. 2292 of 2017 CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The learned counsel for the appellants filed a memo for withdrawal of the appeal, stating that the appellants have challenged the judgment and decree dated 09.08.2017 passed in R.A.No.36/2012. The appellants were plaintiffs No.1(b) and 2, and appellants No.1(b) and 2 before the trial Court, and the First Appellate Court, respectively. Other Co-plaintiff before the trial court and Co- appellants before the First Appellate Court namely Sri. N.Narasimhaswamy also filed a second appeal in RSA No.2482/2017 challenging the judgments and decrees impugned in the appeal, wherein, the appellants herein are respondents 8 and 9. Without prejudice to the rights of the appellants and with liberty to support the case of the appellants in RSA 2482/2017, the appellants may be permitted to withdraw the appeal, as not pressed. 2. The memo is placed on record. - 5 - NC: 2025:KHC:16525 RSA No. 2292 of 2017 3. Accordingly, the Regular Second Appeal is dismissed as withdrawn with the aforesaid liberty. In view of dismissal of the appeal, I.A.Nos.1/2024, 2/2024 and 3/2024, do not survive for consideration and are accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE sks