- 1 - HC-KAR NC: 2025:KHC-D:8894 RSA No. 100446 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100446 OF 2025 BETWEEN: SRI. ULIGAI HANUMANTHAPPA S/O. HAULIGAI KARIYAPPA, SINCE DEAD BY LRS. 1. SMT. NEELAMMA W/O. LATE ULIGAI BASAVARAJA, AGED ABOUT 59 YEARS. 2. SRI. H. KOTESH S/O. LATE ULIGAI BASAVARAJA, AGED 34 YEARS. 3. SRI. GAVISIDDAPPA S/O. LATE ULIGAI BASAVARAJA, AGED 32 YEARS. 4. SRI. ULIGAI VENKATESHS/O. LATE ULIGAI HANUMANTHAPPA, AGED 57 YEARS. 5. SMT. GONIBASAMMA D/O. LATE ULIGAI HANUMANTHAPPA, AGED 54 YEARS. 6. HANUMANTHAPPA S/O. LATE ULIGAI HANUMANTHAPPA, AGED 40 YEARS. 7. ULIGAI CHANNAMMA W/O. LATE HULIGAI NEELAKANTAPPA, AGED 57 YEARS. ALL ARE R/O. KESHAVARAYANABANDI VILLAGE, HAGARIBOMMANAHALLI TALUK. … APPELLANTS (BY SRI. B. C. JNANAYYASWAMY, ADVOCATE) AND: 1. SMT. GARAPATI PANDURANGA MOHAN KUMAR S/O. LATE G. VENKAIAH, AGED: 80 YEARS, RESIDENT OF DOOR NO. 59/A/10-9, K.P. NAGAR PATAMATA VIJAYAWADA, ANDHRA PRADESH. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8894 RSA No. 100446 of 2025 2. SRI. GARAPATI SAMARAKUMAR S/O. LATE G. VENKAIAH, AGED 59 YEARS, RESIDENT OF DOOR NO. 59/A/10-9 K.P. NAGAR PATAMATA VIJAYAWADA, ANDHRA PRADESH. 3. SRI. GARAPATI VIJAYAKUMAR S/O. LATE G. VENAIAH, AGED 75 YEARS, RESIDENT OF DOOR NO.59/A/10-9 K.P. NAGAR, PATAMATA VIJAYAWADA, ANDHRA PRADESH. SRI. D. SURYANARANA RAJU S/O. SATHYANARAYANA RAJU, DEAD BY HIS LRS. 4. SMT. PADMAJA S/O. LATE SURYANARAYANA RAJU @ SURYABABU, AGED 50 YEARS, R/O: HAMPASAGARA-1 HAGARIBOMMANAHALLI TALUK. 5. SMT. DEEPIKA W/O. RAMARAJU S/O. LATE SURYANARAYANA RAJU @ SURYABABUM AGED 30 YEARS, R/O: HAMPASAGARA – 1, HAGARIBOMMANAHALLI TALUK. 6. SMT. SARITHI W/O. HARISH D/O. LATE SURYANARAYAN A RAJU @ SURYABABU, AGED 28 YEARS, R/O: HAMPASAGARA-1, HAGARIBOMMANAHALLI TALUK. SRI. T. SOMAPPA S/O. KADLABALAPPA, DEAD BY HIS LRS. 7. SRI. TALAVARA VENKATESH S/O. LATE T. SOMAPPA, AGED 45 YEARS, RESIDENT OF 8TH WARD, HANUMANAHALLI GOURIPURA VILLAGE, HOSAPETE TALUK. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE CODE PRAYING TO ALLOW THIS REGULAR SECOND APPEAL AND SET ASIDE THE JUDGMENT AND DECREE IN R.A.11/2020 DATED 06.03.2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC., AT HAGARIBOMMANAHALLI AND TEHREBY CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE JMFC AT HAGARIBOMMANAHALLI IN O.S.NO. 04/2013 DATED 15.04.2019 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8894 RSA No. 100446 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) Learned counsel for the appellants submits that the matter has been amicably settled, and accordingly, the parties have instructed him to withdraw the appeal. As a matter of abundant caution, he has obtained the signature of appellant No.3, namely Gavisiddappa. However all the parties are inconsonance with the withdrawal of the appeal. 2. The submission is taken on record. 3. Further, the learned counsel has filed a memo for withdrawal of the appeal. The memo reads as follows: “The Appellants submits that, As per the intervention of elders the appellants and respondents are settled the matter out of the court, hence in view of the said settlement the appellants are not interested to proceed with appeal and going withdraw the appeal, hence this Hon’ble Court may kindly permit the appellants to withdraw the petition, in the interest of justice and equity.” 4. In light of the memo, the appeal is dismissed as withdrawn. Sd/- (M.G.S. KAMAL) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 40