- 1 - HC-KAR NC: 2025:KHC:49043 RSA No. 2079 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 2079 OF 2013 (DEC/INJ) BETWEEN: 1. BETTAIAH S/O BETTAIAH, AGED ABOUT 65 YEARS, 2. SMT HALAMMA W/O HONNAIAH, AGED ABOUT 58 YEARS, 3. SMT SUBBAMMA W/O KALAIAH, AGED ABOUT 48 YEARS, 4. SMT SAKAMMA W/O SANNAIAH, AGED ABOUT 43 YEARS, 5. SMT SHANTHAMMA W/O SWAMY, AGED ABOUT 38 YEARS, 6. SMT RENUKA W/O KRISHNAIAH, AGED ABOUT 35 YEARS ALL ARE R/AT THIRUMALAPURA VILLAGE, CHINKURLI VILLAGE, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49043 RSA No. 2079 of 2013 CHINKURLI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 455 …APPELLANTS (BY SRI. DILIP KUMAR, ADVOCATE FOR A2 TO A6 SMT. SUMANGALA A SWAMY, ADVOCATE FOR A1) AND: 1. 2. SMT. PUTTANKAMMA W/O HUTCHAIAH, AGED ABOUT 65 YEARS, (DEAD BY LRS RESPONDENT NO.2 TO 10 ) SMT JAVARAMMA, W/O NINGAIAH, AGED ABOUT 43 YEARS, R/A HIREMARALI VILLAGE, PANDAVAPURA TALUK, MANDYA DISTRICT-571 455 3. SRI SANAPAPAIAH S/O HUTCHAIAH, AGED ABOUT 47 YEARS, 4. SMT GOWRAMMA W/O JAVARAIAH, AGED ABOUT 49 YEARS, 5. SRI NAGARAJA S/O JAVARAIAH, AGED ABOUT 28 YEARS, 6. SRI MANJU S/O JAVARAIAH, AGED ABOUT 26 YEARS 7. SMT SHOBA D/O JAVARAIAH, - 3 - HC-KAR NC: 2025:KHC:49043 RSA No. 2079 of 2013 AGED ABOUT 25 YEARS 8. SMT PUSHPA S/O JAVARAIAH, AGED ABOUT 23 YEARS, 9. HEMA D/O SANNAPAPAIAH, AGED ABOUT 22 YEARS, 10. VIJAYAKUMARA S/O SANNAPAPAIAH, AGED ABOUT 24 YEARS, RESPONDENT Nos. 3 TO 10 ARE R/AT THIRUMALAPURA VILLAGE, CHINKURLI VILLAGE, CHINKURLI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 455 …RESPONDENTS (BY SRI. K L SREENIVAS, ADVOCATE FOR R2 R1 IS DECEASED AS PER CAUSE TITLE SRI. V. N. SHANKARE GOWDA, ADVOCATE FOR R3 TO R10 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.10.2013 PASSED IN R.A.NO.263/2010 ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE AT MANDYA DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.03.2010 PASSED IN O.S.NO.122/2009 (OLD No.277/05) ON THE FILE OF THE C.J.(Sr.Dn.) AT PANDAVAPURA. - 4 - HC-KAR NC: 2025:KHC:49043 RSA No. 2079 of 2013 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing the matter for some time, learned counsel for the appellants filed a memo seeking leave of the Court to withdraw the appeal with a liberty to approach the First Appellate Court in R.A.No.7/1996 on the ground that the appellants herein were not the parties to the compromise petition and the compromise decree passed in R.A.No.7/1996 is not binding on them. 2. Memo is taken on record. 3. Learned counsel for the respondents did not dispute the same. 4. Accordingly, the Regular Second Appeal is dismissed as withdrawn with the aforesaid liberty. - 5 - HC-KAR NC: 2025:KHC:49043 RSA No. 2079 of 2013 In view of the dismissal of the appeal, pending IAs, if any, do not survive for consideration, and they are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV