- 1 - HC-KAR NC: 2025:KHC:48766-DB RFA No. 609 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.609 OF 2022 (PAR) BETWEEN: SHAMBHULIGAPPA S/O NAGAPPA AGED ABOUT 64 YEARS, OCC: AGRICULTURIST RESIDENT OF ASAGODU VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT - 577 001. …APPELLANT (BY SMT. BABY YADAV B., ADV. FOR SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADV.) AND: 1. NAGARATHNAMMA W/O NARAPPA AGED ABOUT 63 YEARS, OCC. HOUSE WIFE, RESIDENT OF ASAGODU VILLAGE JAGALUR TALUK, DAVANAGERE DISTRICT - 577 001. 2. NAGESH S/O NARAPPA, AGED ABOUT 34 YEARS, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48766-DB RFA No. 609 of 2022 RESIDENT OF ASAGODU VILLAGE JAGALUR TALUK, DAVANAGERE DISTRICT - 577 001. 3. SHIVAKUMAR S/O NARAPPA AGED ABOUT 33 YEARS, RESIDENT OF ASAGODU VILLAGE JAGALUR TALUK, DAVANAGERE DISTRICT - 577 001. 4. MANJULA W/O PRASANNA KUMAR AGED ABOUT 31 YEARS, HOUSEWIFE RESIDENT OF KUKKUVADA VILLAGE DAVANAGERE TALUK: DISTRICT - 577 001. 5. RATNAMMA W/O NAGRAJAPPA AGED ABOUT 54 YEARS OCC. HOUSEWIFE RESIDENT OF BASAVANAKOTE VILLAGE JAGALUR TALUK, DAVANAGERE DISTRICT- 577 001. 6. MAHADEVAPPA S/O SHIVAMURTHAPPA AGED ABOUT 55 YEARS, OCC. HOUSEWIFE, RESIDENT OF ASAGODU VILLAGE JAGALUR TALUK, DAVANAGERE DISTRICT. 7. SOUBHAGYAMMA W/O NAGRAJAPPA AGED AOBUT 50 YEARS, OCC. HOUSEWIFE RESIDENT OF NANDIHALLI VILLAGE BHRAMASAGARA HOBALI - 3 - HC-KAR NC: 2025:KHC:48766-DB RFA No. 609 of 2022 CHITRADURGA TALUK: DISTRICT- 577 501. 8. SHAKUNTALAMMA W/O NARAPPA AGED ABOUT 48 YEARS OCC. HOUSEWIFE RESIDENT OF KALALU VILLAGE BHARAMASAGARA HOBLI, CHITRADURGA TALUK: DISTRICT- 577 501. 9. CHANNAPPA S/O SHIVAMURTHAPPA, AGED ABOUT 46 YEARS, OCC. AGRICULTURE RESIDENT OF ASAGODU VILLAGE JAGALUR TALUK, DAVANAGERE DISTRICT- 577 002. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 R/W O-XLI RULE- 1 AND 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.11.2019 PASSED IN FDP NO.12/2019 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE, JAGALUR, ALLOWING THE PETITION UNDER ORDER 20 RULE 18(2) OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 4 - HC-KAR NC: 2025:KHC:48766-DB RFA No. 609 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellant has filed a memo seeking leave of the Court to withdraw the appeal, which reads as under; "The Advocate for the Appellants respectfully submits that. The Impugned order passed in FDP No.12/2019 has been set aside. Civil Mic No. 16/2019 filed by the present appellants is allowed on 29/03/2022 In view of the same the appeal has become infructuous hence the appellant may be permitted to withdraw the present appeal, in the interest of justice and equity." 2. Memo is placed on record. 3. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 31