- 1 - HC-KAR NC: 2025:KHC:52066 RSA No. 1449 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1449 OF 2015 (RES) BETWEEN: SRI. ASHWATH KUMAR, SON OF SIDDAIAH, AGED ABOUT 45 YEARS, RESIDING AT FLAT NO.B-405, 3RD FLOOR, MYTHRI ENCLAVE, NEW KANTHARAJE URS ROAD, SARASWATHIPURAM, MYSORE-577001. …APPELLANT (BY SRI V B SHIVAKUMAR, ADVOCATE) AND: 1. SRI. R. RAGHAVAN, SON OF RAMACHANDRA, AGED ABOUT 40 YEARS, RESIDING AT NO.H-17, TNHB, IV PHASE, THAMIRABATHY COLONY, THAYAGARAJA NAGAR, THIRUNALVELI, TAMIL NADU. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52066 RSA No. 1449 of 2015 2. SRI.P.GURUSWAMY, SON OF PUTTABUDDI, AGED ABOUT 48 YEARS, RESIDING AT DOOR NO.50 F-6, 2ND MAIN, 11TH CROSS, VIDYARANYAPURAM, MYSORE-577008. 3. SRI.C.S.KIRAN, SON OF C.SHESHACHALA, AGED ABOUT 47 YEARS, RESIDING AT DOOR NO.790 "RAVI KIRAN" 16TH MAIN, SARASWATHIPURAM, MYSORE-577001. …RESPONDENTS (BY SMT ANKITHA G SHELKE, SRI J ASHOK AND N GOWTHAM RAGHUNATH, ADVOCATES FOR R1, SMT SAKSHA BHAGAVAN, ADVOCATE FOR R2) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.07.2015 PASSED IN R.A.NO.713/2014 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 27.11.2014 PASSED IN EX.706/2011 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AT MYSURU, DISMISSING THE APPLICATION FILED U/O XXI RULE 97 AND 100 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:52066 RSA No. 1449 of 2015 ORAL JUDGMENT The appellant is physically present before the Court and he is identified by the learned counsel for the appellant. The appellant has filed a memo seeking leave of the Court to withdraw the appeal. 2. Memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn. Liberty is reserved to the auction purchaser to get revival of the execution petition. 4. Registry is directed to transmit the records to the Executing Court forthwith. 5. In view of dismissal of the appeal, pending IAs, if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 3 Sl No.: 5