- 1 - HC-KAR NC: 2025:KHC:44477 RSA No. 1092 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1092 OF 2013 (PAR) BETWEEN: RAMESHAPPA S/O LATE HANUMAPPA AGED ABOUT 62YEARS AGRICULTURIST R/O HADAGALU VILLAGE AND POST HIRENALLUR HOBLI KADUR TALUK CHIKAMAGALUR DISTRICT …APPELLANT (BY SRI. SANGAMESH B., ADVOCATE FOR SRI. SANATH KUMAR SHETTY K., ADVOCATE) AND: 1. SMT. HANUMAKKA SINCE DECEASED BY LEGAL REPRESENTATIVES (APPELLANT AND R2 ARE LEGAL REPRESENTATIVES) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44477 RSA No. 1092 of 2013 2. SMT KARIYAMMA W/O MALLESHAPPA AGED ABOUT 44 YEARS R/O HADAGALU VILLAGE AND POST, HIRENALLUR HOBLI KADUR TALUK CHIKMAGALUR DISTRICT …RESPONDENTS (R1 SERVED V/O DATED 07.06.2016, NOTICE TO R2 IS H/S V/O DATED 02.04.2024 APPELLANT AND R2 ARE TREATED AS LEGAL REPRESENTATIVES OF DECEASED R1) THIS RSA IS FILED U/S. 100 R/W ORDER 42 RULE 1 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 14.12.2012 PASSED IN R.A.NO.37/2009 ON THE FILE OF THE PRL. DISTRICT JUDGE, CHIKMAGALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 26.2.2009 PASSED IN OS.NO.75/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., KADUR. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ------- - 3 - HC-KAR NC: 2025:KHC:44477 RSA No. 1092 of 2013 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing the matter for some time, learned counsel for the appellant filed a Memo dated 04.11.2025 seeking leave of the Court to withdraw the appeal, with liberty to file an application for modification of the shares in the final decree proceedings. Memo is placed on record. The appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 2 Sl No.: 9