- 1 - HC-KAR NC: 2025:KHC:38358 RSA No. 89 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 89 OF 2024 BETWEEN: SHANKAR S/O LATE BABU SHERIGAR, AGED ABOUT 64 YEARS, R/AT BABA NIVAS, BAILOOR GUNDA UDUPI TALUK AND DISTRICT - 576 105. …APPELLANT (BY SRI. B.R. RAGHAVENDRA, ADVOCATE) AND: 1. EDWIN FURTADO AGED ABOUT 80 YEARS, S/O LOUIS FURTADO R/AT F1, GANGA APARTMENTS, MITH CHOWKI MARWE ROAD, MALAD WEST, MUMBAI - 64. 2. JOHN EVAGELIST FURTADO AGED MAJOR, S/O THOMAS FURTADO, R/AT KOKRANI, HEJAMADY VILLAGE, UDUPI TALUK, UDUPI DISTRICT - 576 101. 3. LUCY FURTADO AGED MAJOR, S/O THOMAS FURTADO, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38358 RSA No. 89 of 2024 R/AT KOKRANI, HEJAMADY VILLAGE, UDUPI TALUK, UDUPI DISTRICT - 576 101. 4. GREGORY FURTADO AGED MAJOR, S/O LOUIS FURTADO R/A NO. 9, WALKLESHWAR RAOD, WHITE HOUSE, CANTEEN MUMBAI - 6. 5. MARK FURTARDO AGED MAJOR, S/O LOUIS FURTADO 6. BENADICTA FURTADO AGED MAJOR, D/O LOUIS FURTADO 7. CLIFFERED FURTADO AGED MAJOR, S/O LOUIS FURTADO RESPONDENT NO.5 TO 7 ARE R/AT KOKRANI, HEJAMADY VILLAGE, UDUPI TALUK, UDUPI DISTRICT - 576 101. 8. MONTHU FURTADO AGED MAJOR, S/O BASTHU FURTADO, R/AT NEAR PAVANJE BRIDGE, PAVANJE VILLAGE, MANGALURU TALUK D.K DISTRICT - 575 003. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:38358 RSA No. 89 of 2024 THIS RSA IS FILED UNDER SECTION 100 OF CPC, SEEKING TO SET ASIDE THE ORDERS PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT UDUPI DATED 04.10.2023 IN EX.A NO.1/2019 AND CONFIRM THE ORDERS PASSED BY THE PRINCIPAL CIVIL JDUGE AND JMFC, UDUPI DATED 02.07.2013 IN EX.CASE NO.38/2009 ON I.A.7 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Heard on maintainability. 2. Learned counsel for the appellant has filed a memo which reads as under: "The above appeal may kindly be dismissed as withdrawn seeking of liberty to file appropriate proceedings and also prays that certified copies of Judgment and decree may kindly be ordered to be handover to the counsel for the appellant, in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:38358 RSA No. 89 of 2024 3. Placing the memo on record, appeal is dismissed as not maintainable. 4. However, dismissal of the appeal shall not come in the way of the appellant working out the remedy in accordance with law. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 13 CT: BHK