- 1 - NC: 2025:KHC-D:6296 RSA No. 100580 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100580 OF 2018 (PAR-) BETWEEN: SHARANAPPA S/O. IRAPPA HUGAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O:GULGANJIKOPPA, HOSA ONI, DHARWAD. …APPELLANT (BY SRI. V.G. BHAT, ADVOCATE) AND: RACHAPPA S/O. IRAPPA HUGAR, SINCE DECEASED BY HIS LRS 1. RUDRAVVA W/O. RACHAPPA HUGAR, AGE: 74 YEARS, OCC: HOUSEHOLD, R/O GULGANJIKOPPA, HOSA ONI, NEAR BASAVANA TEMPLE, TQ: DIST: DHARWAD. 2. RATNAMMA W/O. BASAVRAJ HUGAR, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. KAMALAPUR, YADWAD ROAD, TQ: DIST: DHARWAD. 3. IRAPPA RACHAPPA HUGAR, AGE: 53 YEARS, OCC: BUSINESS, R/O GULGANJIKOPPA, HOSA ONI, NEAR BASAVANA TEMPLE, TQ: DIST: DHARWAD. 4. BASAVARAJ S/O. RACHAPPA HUGAR, AGE: 51 YEARS, OCC: AGRICULTURE, Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6296 RSA No. 100580 of 2018 R/O GULGANJIKOPPA, HOSA ONI, NEAR BASAVANA TEMPLE, TQ: DIST: DHARWAD. 5. SMT. JEER GIRIJA W/O. GOPAL, AGE: 43 YEARS, OCC: HOUSEHOLD, R/O. DODDABASAVESHWAR NILAYA, 2ND FLOOR, WARD NO.30, HOUSE NO.3RD CROSS, GANDHI NAGAR, BALLARY. 6. CHANNAVVA W/O. NAGARAJ HUGAR, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O. JANATA QUARTERS, NEAR GANESH TEMPLE, KOPPADKERI, DHARWAD. 7. LAXMI W/O. MAHANTESH HUGAR, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O GULGANJIKOPPA, HOSA ONI, NEAR BASAVANA TEMPLE, TQ: DIST: DHARWAD. 8. NINGAPPA S/O. RACHAPPA HUGAR, AGE: 42 YEARS, OCC: DRIVING, R/O GULGANJIKOPPA, HOSA ONI, NEAR BASAVANA TEMPLE, TQ: DIST: DHARWAD. 9. S.R. HUGAR @ SMT. SAVITRI W/O. PRAMOD KULKARNI, AGE: 40 YEARS, OCC: ADVOCATE, R/O. GULGANJIKOPPA, HOSA ONI, NEAR BASAVANA TEMPLE, TQ: DIST: DHARWAD. 10. BASAPPA S/O. IRAPPA HUGAR, SINCE DECEASED BY HIS LR’S. 10(A) SMT. TAYAVVA W/O. BASAPPA HUGAR, AGE: 75 YEARS, OCC: HOUSEHOLD, - 3 - NC: 2025:KHC-D:6296 RSA No. 100580 of 2018 R/O GULGANJIKOPPA, HOSA ONI, DHARWAD. 10(B) MAHADEV BASAPPA HUGAR, AGE: 44 YEARS, OCC: R/O. GULGANJIKOPPA, HOSA ONI, DHARWAD. 10(C) MANJUNATH BASAPPA HUGAR, AGE: 42 YEARS, OCC: R/O. GULGANJIKOPPA, HOSA ONI, DHARWAD. 10(D) SARASWATI MAHANTESH HUGAR, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O. GULGANJIKOPPA, HOSA ONI, DHARWAD. 10(E) LEELAVATHI BASAVARAJ HUGAR, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O. GULGANJIKOPPA, HOSA ONI, DHARWAD. 11. BASAVANNEWWA IRAPPA HUGAR, SINCE DECEASED BY HER LR’S. 11(A) SMT. SUSHEELA MALLESH PUJAR, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. SAUNDATTI, DIST: BELAGAVI. 11(B) SMT. SHARADA ISHWAR PUJAR, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O. CHIKKAULLIGERI, DIST: BELAGAVI. 11(C) SMT. DRAKSHAYANI NAGARAJ HUGAR, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O. MARADAGI, DIST: DHARWAD. 11(D) SRI. ULAVAPPA IRAPPA HUGAR, AGE: 44 YEARS, OCC: DRIVER, - 4 - NC: 2025:KHC-D:6296 RSA No. 100580 of 2018 R/O. GULGANJIKOPPA, HOSA ONI, DHARWAD. NOW RESIDING AT BENGALURU. 11(E) SRI. SHANKARAPPA IRAPPA HUGAR, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. GULGANJIKOPPA, HOSA ONI, DHARWAD. NOW RESIDING AT BENGALURU. 12. SMT. SHANTAVVA W/O. GURAPPA HUGAR, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O. GULGANJIKOPPA, HOSA ONI, DHARWAD. …RESPONDENTS (BY SRI. B.K. MALLIGAWAD, ADVOCATE FOR C/R1-R6; R7, R8, R9, R10(C), R10(D) HELD SUFFICIENT; R10(A), R10(B), R11(B) SERVED; R11(A) INSUFFICIENT ADDRESS; R11(C) ADDRESSEE CANNOT BE LOCATED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 PRAYING TO SET ASIDE THE JUDGMENT & DECREE PASSED BY THE COURT OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN R.A.NO.304/2017 DATED 26/04/2018 AND BE PLEASE TO ALLOW THE SUIT OF THE PLAINTIFF IN O.S.NO.87/2010 IN THE COURT THE IST ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD DATED 10/11/2017 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 5 - NC: 2025:KHC-D:6296 RSA No. 100580 of 2018 ORDER Learned counsel appearing for the appellant has filed memo dated 03.04.2025, seeking withdrawal of the appeal. Memo is accepted. In view of memo, appeal is dismissed as withdrawn. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 1 Sl No.: 7