- 1 - NC: 2025:KHC:13591 RSA No. 1909 of 2023 C/W RSA.CROB No. 11 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1909 OF 2023 (PAR) C/W RSA CROSS OBJECTION NO. 11 OF 2024 IN RSA No. 1909/2023 BETWEEN: 1. SMT RUDRAMMA W/O DASAPPA AGED 77 YEARS OCC. HOUSEHOLD R/O PAMENAHALLI VILLAGE TQ AND DT. DAVANAGERE 2. SMT. GANGAMMA W/O LATE RAMACHANDRAPPA AGED 67 YEARS, OCC. HOUSEHOLD R/O 15TH CROSS, KTJ NAGAR TQ AND DT. DAVANAGERE …APPELLANTS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13591 RSA No. 1909 of 2023 C/W RSA.CROB No. 11 of 2024 (BY SRI. PATIL JAGADEESH GOUD.,ADVOCATE) AND: 1. SMT PEDDAKKA W/O LATE G. THIMMANNA AGED 77 YEARS, R/O NEAR ANJANEYA TEMPLE ROAD PAMENAHALLI VILLAGE, TQ AND DIST DAVANAGERE - 577 003 2. SMT. GUNDAMMA W/O ESHWARAPPA AGED 50 YEARS OCC HOUSEHOLD R/O HUCCHAVANAHALLI VILLAGE CHANNAGIRI TQ DAVANAGERE DT - 577 213 3. SRI ANJANAPPA S/O LATE THIMMANNA AGED 58 YEARS OCC. AGRICULTURE R/O NEAR ANJANEYA TEMPLE ROAD PAMENAHALLI VILLAGE, TQ AND DIST DAVANAGERE - 577 003 4. SRI KOLLURAPPA S/O LATE THIMMANNA AGED 46 YEARS OCC. AGRICULTURE R/O NEAR ANJANEYA TEMPLE ROAD - 3 - NC: 2025:KHC:13591 RSA No. 1909 of 2023 C/W RSA.CROB No. 11 of 2024 PAMENAHALLI VILLAGE, TQ AND DIST DAVANAGERE - 577 003 5. SMT. NAGAMMA W/O NAGARAJA AGED 44 YEARS OCC. HOUSEHOLD R/O MANDALAHALLI VILLAGE SAVALANGA HOBALI NYAMATHI / HONNALI TQ DT. DAVANAGERE - 577 225 6. SRI ABDUL BASID S/O LATE ABDUL SATTAR AGED 57 YEARS, OCC. BUSINESS R/O NO.231, SOG COLONY AT. DAVANAGERE - 577 005 …RESPONDENTS (BY SRI. CHANDRASHEKAR G M.,ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.08.2023 PASSED IN RA NO.66/2021 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 04.10.2021 PASSED IN OS NO.84/2011 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, DAVANAGERE. - 4 - NC: 2025:KHC:13591 RSA No. 1909 of 2023 C/W RSA.CROB No. 11 of 2024 IN RSA.CROB NO. 11/2024 BETWEEN: 1. SMT. PEDDAKKA W/O LATE G. THIMMANNA AGED ABOUT 78 YEARS, R/O NEAR ANJANEYA TEMPLE ROAD PAMENAHALLI VILLAGE, DAVANAGERE DISTRICT. 2. SMT. GUNDAMMA W/O. ESHWARAPPA, AGED ABOUT 51 YEARS, OCC HOUSEHOLD, R/AT HUCCHAVANAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. 3. SRI. ANJANAPPA S/O. LATE THIMMANNA, AGED ABOUT 59 YEARS, OCC AGRICULTURIST, R/AT NEAR ANJANEYA SWAMY TEMPLE, PAMENAHALLI VILLAGE, DAVANAGERE DISTRICT. 4. SRI. KOLLURAPPA S/O. LATE THIMMANNA, AGED ABOUT 47 YEARS, OCC AGRICULTURIST, R/AT NEAR ANJANEYA SWAMY TEMPLE, PAMENAHALLI VILLAGE, - 5 - NC: 2025:KHC:13591 RSA No. 1909 of 2023 C/W RSA.CROB No. 11 of 2024 DAVANAGERE DISTRICT. 5. SMT. NAGAMMA W/O. NAGARAJ, AGED ABOUT 45 YEARS, OCC HOUSEHOLD, R/AT MANDALAHALLI VILLAGE, SAVALANGA HOBLI, NYMATHI/HONNALI TALUK, DAVANAGERE-577 225. ...CROSS OBJECTORS (BY SRI. CHANDRASHEKAR G M.,ADVOCATE) AND: 1. SMT. RUDRAMMA W/O. DASAPPA, AGED ABOUT 78 YEARS, OCC HOUSEHOLD, R/AT PAMENAHALLI VILLAGE, DAVANAGERE-577 003. 2. SMT. GANGAMMA W/O. LATE RAMACHANDRAPPA, AGED ABOUT 68 YEARS, OCC HOUSEHOLD, R/AT 15TH CROSS, KTJ NAGAR, DAVANAGERE-577 002. 3. SRI. ABDUL BASID S/O. LATE ABDUL SATTAR, AGED ABOUT 58 YEARS, - 6 - NC: 2025:KHC:13591 RSA No. 1909 of 2023 C/W RSA.CROB No. 11 of 2024 OCC BUSINESS, R/AT NO. 231, SOG COLONY, DAVANAGERE-577 005. ...RESPONDENTS (BY SRI. PATIL JAGADEESH GOUD.,ADVOCATE) THIS RSA.CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.08.2023 PASSED IN R.A.NO.66/2021 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 04.10.2021 PASSED IN OS NO.84/2011 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, DAVANAGERE. THIS RSA AND RSA CROB, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT In RSA NO.1909/2023 Learned counsel for the appellants filed a memo to permit the appellants to withdraw the appeal as not pressed. - 7 - NC: 2025:KHC:13591 RSA No. 1909 of 2023 C/W RSA.CROB No. 11 of 2024 2. The memo is placed on record. 3. The appeal is dismissed as withdrawn. In RSA CROB NO.11/2024 Learned counsel for the cross objector filed a memo stating that the appellants in RSA.No.1909/2023 intended to withdraw their appeal. On the said circumstances, the present cross objectors in RSA.CROB No.11/2024 also withdrawing the same as not pressed. 2. The memo is placed on record. 3. The Cross objections is dismissed as withdrawn. 4. In view of dismissal of appeal, IA.No.1/2024 does not survive for consideration. Accordingly, IA.No.1/2024 is disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 26