- 1 - HC-KAR NC: 2025:KHC:30424 RSA No. 746 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.746 OF 2024 (PAR) BETWEEN: G.A. SHARATHCHANDRA S/O LATE G.S. APPANNASETTY AGED ABOUT 76 YEARS R/O GULURU VILLAGE GULUR HOBLI, TUMKUR TALUK …APPELLANT (BY SRI ROHITH GOWDA.B J, ADVOCATE) AND: 1. H.S. SUKANYA W/O LATE G A INDHUDHAR AGED ABOUT 69 YEARS R/O GANGADHARESHWARA KRUPA 28TH CROSS, SIT EXTN. TUMKUR 2. G A DAYANIDHI S/O LATE G S APPANNASETTY AGED ABOUT 84 YEARS R/O NO.8, SWASTHI, 5TH CROSS 6TH MAIN, POSTAL COLONY SANJAY NAGAR BENGALURU -560 094 3. G A SOMASUNDAR S/O LATE G S APPANNASETTY AGED ABOUT 80 YEARS R/O NO. 231, 12TH MAIN AMMA ASHRAMA ROAD, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30424 RSA No. 746 of 2024 GNANABHARATI 2ND STAGE BENGALURU -560 056 4. G A MALINI W/O T G RUDRAKUAMR D/O LATE G S APPANNA SETTY AGED ABOUT 73 YEARS R/O PARK ROAD, SOMESHWARAPURAM TUMKUR -572101 5. G A NALINI S/O LATE G S APPANNA SETTY AGED ABOUT 68 YEARS R/O GULURU VILLAGE GULURU HOBLI, TUMKUR TALUK -572132 …RESPONDENTS (BY SRI NARASIMHARAJU, ADVOCATE FOR R1; R2, R3 AND R5 ARE SERVED; SRI SHANTH KUMAR.S.P, ADVOCATE FOR R4) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 15.10.2022 PASSED IN RA No.42/2022 ON THE FILE OF VII ADDITIONAL DISTRICT JUDGE, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.12.2021 PASSED IN FDP No.2/2015 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY ALLOWED THE PETITION FILED UNDER SECTION 54 OF CPC. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:30424 RSA No. 746 of 2024 ORAL JUDGMENT Appellant is present before the Court. 2. A memo has been filed, signed by the appellant and his counsel, which reads as under: “The above named appellant begs to submits as follows: In light of the compromise arrived at between the parties in the connected matter viz., RSA 746/2024, the appellant herein begs to withdraw the above appeal. Wherefore, this Hon’ble Court may kindly be pleased to dispose off the above appeal as withdrawn in the interest of equity and justice.” 3. Placing the memo on record, the appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 23