- 1 - HC-KAR NC: 2025:KHC:36427 RSA No. 1013 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1013 OF 2024 (PAR) BETWEEN: R. SHIVAMURTHY S/O RAMAPPA, AGED 58 YEARS, OCCUPATION TEACHER, R/A TAKKANAHALLI VILLAGE, HONNALI TALUK - 577 219, DAVANAGERE DISTRICT. SINCE DECEASED BY LRS. 1A. SMT. NAGAMMA D., 1B. MS. RAKSHITHA S.R., 1C. BABY DIKSHITHA SINCE MINOR, REPRESENTED BY MOTHER SMT. NAGAMMA4 …APPELLANTS (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE APPELLANT 1C. IS MINOR AND REPRESENTED BY A1(A)) AND: 1. SMT. PARWATHAMMA W/O HUCHCHARAYAPPA, AGED ABOUT 67 YEARS, OCCUPATION AGRICULTURE. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36427 RSA No. 1013 of 2024 2. SMT SUVARNAMMA W/O HALAPPA AGED 43 YEARS, OCCUPATION AGRICULTURE. 3. SRI T R MANJAPPA S/O RAMAPPA AGED 61 YEARS, OCCUPATION AGRICULTURE. 4. SRI T R VENKATESHAPPA S/O RAMAPPA AGED 48 YEARS, OCCUPATION AGRICULTURE. 5. SRI MADAPPA S/O RAMAPPA AGED 45 YEARS, OCCUPATION AGRICULTURE. 6. SRI SACHIN S/O T R SHIVAMURTHY AGED 24 YEARS, OCCUPATION AGRICULTURE. ALL ARE R/AT TAKKANAHALLI VILLAGE, HONNALI TALUK - 577219. DAVANAGERE DISTRICT. …RESPONDENTS (R1, R2, R4 AND R5 ARE SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.03.2024 PASSED IN RA NO.1/2017 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HARIHARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 19.04.2008 PASSED IN - 3 - HC-KAR NC: 2025:KHC:36427 RSA No. 1013 of 2024 OS NO.2/2004 ON THE FILE OF CIVIL JUDGE AND JMFC, HONNALI.TRIA L COURT DECREED THE SUIT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo which reads as under: 1. It is submitted that, the Appellant has expired on 20.02.2025. On 01.04.2025, the LR application is filed by LR's of the Appellant. The above appeal arises from R.A. No.1/2017, (O.S. No.02/2004). 2. With respect to decree in O.S. No.02/2004, the FDP No.3/2011 is filed on the file of the Senior Civil Judge and JMFC, Honnali. It is further submitted that on the advice of well-wishers and relatives, the Appellant and Respondents have entered into amicable settlement. Wherefore, the LR's of the Appellant prays permission of this Hon'ble Court to withdraw the above appeal, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC:36427 RSA No. 1013 of 2024 Placing the memo on record, appeal stands dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 13