- 1 - NC: 2025:KHC:6231 RSA No. 07 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO.07 OF 2022 (PAR) BETWEEN: 1. M.H. NAGARAJ S/O HANUMANTHAPPA AGED ABOUT 48 YEARS AGRICULTURIST R/O 1ST MAIN, 7TH CROSS VINOBANAGAR MEDPLUS BUILDING, 2ND FLOOR DAVANAGERE - 577 001. 2. M.H. RAVI @ RAVIKUMAR S/O HANUMANTHAPPA AGED ABOUT 46 YEARS SALES EXECUTIVE R/O 3RD MAIN,14TH CROSS, RING ROAD, VINOBANAGAR OPP. AMRITANANDAMAYI SCHOOL DAVANAGERE - 577 001. …APPELLANTS (BY SRI. G.J. SUNKAPUR, ADVOCATE) AND: 1. SMT. SHASHIKALA W/O LATE J N JAGADEESHA AGED ABOUT 48 YEARS R/O SHYAGALE VILLAGE DAVANAGERE TALUK DAVANAGERE - 577 001. 2. SMT. PREMA W/O PARAMESHWARAPPA Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:6231 RSA No. 07 of 2022 AGED ABOUT 53 YEARS R/O 18/A, 2ND CROSS, APPAJAPPA LAYOUT, RAMPURA BENGALURU - 560 045. 3. SMT. VIMALAKSHI W/O K.H. NAGARAJA AGED ABOUT 47 YEARS #108/7, THIMMANARASAPPA BUILDING, JANATHA COLONY, 2ND WARD, MUDDANAYAKANAHALLI, MADAVARA POST, BENGALURU NORTH TALUK BENGALURU DISTRICT - 560 001. 4. M.H. BHEEMAPPA S/O HANUMANTHAPPA AGED ABOUT 68 YEARS AGRICULTRUIST R/O #618, HKR CIRCLE, NITUVALLI, DAVANAGERE - 577 001. 5. B.H. GANESHAPPA S/O HALAPPA AGED MAJOR, R/O SHYAGALE VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT - 577 001. …RESPONDENTS (BY SRI. VENKATESH H.S., ADVOCATE FOR R1; R5 SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER ORDER XLII RULE 1 READ WITH SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 10.07.2018 PASSED IN R.A.NO.17/2014 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, ALLOWING THE APPEAL BY MODIFYING THE JUDGMENT AND - 3 - NC: 2025:KHC:6231 RSA No. 07 of 2022 DECREE DATED 30.08.2013 PASSED IN O.S. NO.102/2011 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K.NATARAJAN ORAL JUDGMENT 1. Learned counsel for the appellants filed a memo for withdrawing the appeal. The memo dated 12.02.2025 reads as under: MEMO FOR WITHDRAWAL " It is respectfully submitted that the appellants challenged the judgment and decree dated 30/08/2013 on the file of the I Addl. Senior Civil Judge and Davanagere and judgment and decree in RA 17/2014 dated 10/07/2018 on the file of the Prl. District and Sessions Judge at Davanagere. The Final Decree Proceedings concluded before the trial court during the pendency of the above appeal. Challenging the Final Decree Proceedings the appellant filed RA No:55/2024 before the Hon'ble Prl. District and Sessions Judge at Davanagere, which is pending for consideration, in view of the - 4 - NC: 2025:KHC:6231 RSA No. 07 of 2022 same the present appeal becomes infructuous. Hence, it is respectfully prayed that the Hon'ble Court kindly permit the appellant to withdraw the above appeal with a liberty to urge all the contention raised in the above appeal in the pending proceeding RA No.55/2024. Hence, the memo. " 2. The aforesaid Memo is accepted and the Appeal is dismissed as having become infructuous with liberty as prayed for. 3. Consequently, pending I.A.1/2023 is disposed of as not surviving for consideration. Sd/- (K.NATARAJAN) JUDGE sac List No.: 1 Sl No.: 32