- 1 - HC-KAR NC: 2025:KHC-D:16281 RSA No. 5894 of 2010 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.5894 OF 2010 BETWEEN: 1. SMT. MANIK @ LEELAVATI W/O. ANNAPPA KADAHATTI, AGE: 62 YEARS, OCC. AGRICULTURE, R/O. MAVANUR-591122, TQ. HUKKERI, DIST. BELAGAVI. 2. SHRI ANNAPPA BHARAMAPPA KADAHATTI AGE: 74 YEARS, OCC. AGRICULTURE, R/O. MAVANUR-591122, TQ. HUKKERI, DIST. BELAGAVI. …APPELLANTS (BY SMT. ASAMA N. MAKANDAR, ADVOCATE FOR A1; A2-DECEASED) AND: 1. SHRI RAJENDRA A/F BHARAMAPPA @ BHARAMA NARASAGOUDA, AGE: 44 YEARS, OCC. AGRICULTURE, R/O. MAHAVEER GALLI, MAJAGAON, BELAGAVI-590008. 2. SMT. CHIMMAWA W/O. ANNAPPA JAKKANNAVAR, AGE: 62 YEARS, OCC. HOUSEHOLD, R/O. C/O. GUNDU SANKANNAVAR, NAVI GALLI, SHAHAPUR, BELAGAVI- 590003. SMT. PUSHPA W/O. BHARAMANNA @ BABU NARASAGOUDA, SINCE DECEASED BY HER LRS YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.26 10:16:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16281 RSA No. 5894 of 2010 3. KUMARI RESHMA D/O. BHARAMANNA BABU NARASAGOUDA, AGE: 23 YEARS, OCC. HOUSEHOLD, R/O. PARISHWAD-591131, TQ. KHANAPUR, DIST. BELAGAVI. 4. KUMARI MADHURI D/O. BHARAMANNA @ BABU NARASAGOUDA, AGE: 21 YEARS, OCC. HOUSEHOLD, R/O. PARISHWAD-591131, TQ. KHANAPUR, DIST. BELAGAVI. …RESPONDENTS (BY SRI. SOURABH HEGDE, ADVOCATE FOR R1; SRI. RAVIRAJ C. PATIL, ADVOCATE FOR R2; SRI. DINESH M. KULKARNI, ADVOCATE FOR R3 AND R4) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 42 RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT & DECREE DATED 08.09.2010 PASSED BY THE PRINCIPAL DISTRICT JUDGE, BELAGAVI IN R.A.NO.177/2009 AND TO SET ASIDE THE JUDGMENT AND THE DECREE DATED 25-06-2009 PASSED BY THE III ADDITIONAL CIVIL JUDGE SR.DN. BELAGAVI IN O.S.NO.223/2004 IN SO FAR AS REFUSING TO GRANT THE RELIEF OF DECREE FOR DECLARATION ON THE STRENGTH OF THE ‘WILL’ DATED 05.02.1979 AND THAT THE COMPROMISE DECREE DATED 30.06.1999 PASSED IN RSA 433/1999 AS BINDING ON THEM AND ALLOW THIS APPEAL BY DECREEING THE SUIT IN O.S.NO.223/2004 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE SR.DN. BELAGAVI WITH COSTS THROUGHOUT. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER. - 3 - HC-KAR NC: 2025:KHC-D:16281 RSA No. 5894 of 2010 ORAL JUDGMENT (PER. THE HON'BLE MR. JUSTICE C M JOSHI) The learned counsel for the appellants has filed a memo seeking withdrawal of the appeal. The said memo reads as below: “MEMO FOR WITHDRAWAL That the appellant no.1 is not willing to contest the case and therefore she be permitted to withdraw the appeal. Hence necessary orders be passed, in the interest of justice and equity.” 2. In view of the above, the appeal is dismissed as withdrawn. SD/- (C M JOSHI) JUDGE SSP CT.PA LIST NO.. 1 SL NO.. 0