- 1 - HC-KAR NC: 2025:KHC:36955 RSA No. 945 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 945 OF 2021 (PAR/POS) BETWEEN: SRI. CHANDRASHEKARA NAIKA S/O. DAVAJA NAIKA, AGED ABOUT 43 YEARS R/O. CHUNCHINAKOPPA VILLAGE, SHIKARIPURA TALUK - 577 412, SHIVAMOGGA DISTRICT. …APPELLANT (BY SRI. PAVAN, ADVOCATE FOR SRI. H DEVENDRAPPA, ADVOCATE) AND: 1. SMT. SANNA LAKSHMIBAI W/O. RAMANAIKA, AGED ABOUT 57 YEARS R/O. SHIRALAKOPPA TALUK, SHIKARIPURA TALUK - 577 412, SHIVAMOGGA DISTRICT. 2. SMT. LAKSHMIBAI W/O. CHOULYANAIKA, AGED ABOUT 73 YEARS R/O. PUMP HOUSE, 3RD CROSS, 3RD HOUSE, SHIRALAKOPPA TALUK, SHIKARIPURA TALUK - 577 412, SHIVAMOGGA DISTRICT. 3. SMT. LIMBI BAI W/O DAVAJANAIKA, AGED ABOUT 66 YEARS R/O. CHUNCHINAKOPPA VILLAGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36955 RSA No. 945 of 2021 SHIKARIPURA TALUK - 577 412, SHIVAMOGGA DISTRICT. 4. SMT. LOKIBAI W/O. THAVARYANAIKA, AGED ABOUT 62 YEARS R/O. CHUNCHINAKOPPA VILLAGE, SHIKARIPURA TALUK - 577 412, SHIVAMOGGA DISTRICT …RESPONDENTS (BY SRI. D.C. JAGADEESH, ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED 20.08.2025, APPEAL AGAINST R3 IS ABATED AND APPEAL AGAINST R4 IS DISMISSED FOR NON-PROSECUTION) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 17.06.2021 PASSED IN RA.No.23/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 10.01.2020 PASSED IN OS.No.256/2013 ON THE FILE OF THE C/c PRINCIPAL CIVIL JUDGE AND JMFC, SHIKARIPURA. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Sri.Jagadeesh D. C., learned counsel submits that he has filed vakalath for respondent No.1. Same is taken on record. - 3 - HC-KAR NC: 2025:KHC:36955 RSA No. 945 of 2021 Learned counsel for the appellant has filed a memo for withdrawal. The memo reads as under: "The appellants submit as follows: 1. It is submitted that the appellant has filed the above appeal against the judgment and decree in the regular appeal bearing RA No.23/2020 dated 17-06-2021 passed by the Senior Civil Judge and JMFC, Shikaripura. Now, the parties to the above appeal have compromised outside the court. In view of the same, the above appeal may be dismissed as withdrawn. 2. The respondent No.1 herein who is present before the Hon’ble Court today also endorses the reason for withdrawal of the above appeal by the appellant and she has no objection for the same as the matter between the parties have been compromised outside the Court. 3. Hence, in view of the same the above appeal may be dismissed as withdrawn in the interest of justice and equity.” Placing the memo on record, appeal is dismissed as withdrawn. SD/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 62 CT: BHK