- 1 - NC: 2025:KHC:3775 RSA No. 1190 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR SECOND APPEAL NO. 1190 OF 2015 (INJ) BETWEEN: P.R. THIPPESWAMY S/O RUDRAPPA AGED ABOUT 72 YEARS, OCC: AGRICULTURIST, R/O GODABANAHAL VILLAG, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 501. …APPELLANT (BY SRI. JAYAPRAKASH R.V, ADVOCATE) AND: D.M. HIRANYAKSHAPPA S/O MALLAPPA @ DODDA MALLAPPA, AGED ABOUT 64 YEARS, OCC: AGRICULTURIT, R/O GODABANAHAL VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 501. …RESPONDENT (BY SRI. RAHUL RAI K., ADVOCATE) THIS RSA IS FILED UNDER SEC. 100 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 27.02.2015 PASSED IN R.A. NO.34/2013 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C. CHITRADURGA DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.07.2013 PASSED IN O.S. NO. 165/2006 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND J.M.F.C. CHITRADURGA. Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3775 RSA No. 1190 of 2015 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA ORAL JUDGMENT Learned counsel appearing for the appellant files a memo dated 07.01.2025 seeking withdrawal of the appeal. 2. Memo dated 07.01.2025 points out that appellant No.1 died on 05.05.2016 leaving behind his legal representatives as appellant No.1(a) to 1(c). Appellant No.1(a) also died on 24.09.2023. The legal representatives of appellant No.1(a) have not come on record. Hence, the appeal as against appellant No.1(a) stands abated. 3. Appellant No.1(b) and 1(c) seek leave of this Court to withdraw the appeal. They are permitted to withdraw the appeal. The said memo is placed on record. Hence, the appeal is dismissed as withdrawn. Pending I.As. are disposed of as a consequence. SD/- (T.G. SHIVASHANKARE GOWDA) JUDGE SJK List No.: 1 Sl No.: 19 CT: BHK