- 1 - HC-KAR NC: 2025:KHC:53423 RSA No. 154 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.154 OF 2024 (POS) BETWEEN: 1. SRI. ASHOKA @ ASHOK D., S/O. LATE DOULATH RAO, AGED ABOUT 42 YEARS, RESIDING AT “SAMRUDDHI”, 2ND PARALLEL ROAD, DURGIGUDI, SHIVAMOGGA-577 201, ALSO AT “FASHION POINT GARMENTS SHOP”, B.T. COMPLEX, DURGIGUDI, NEHRU ROAD, SHIVAMOGGA-577 201. …APPELLANT (BY SRI. R. KIRAN, ADVOCATE) AND: 1. SMT. CHINNAMMA CHANNAGANGAPPA G., W/O. CHANNAGANGAPPA, AGED ABOUT 75 YEARS. 2. SRI. CHANNAGANGAPPA, S/O. LATE GARUDAPPA, AGED ABOUT 80 YEARS. BOTH ARE RESIDING AT B.T. COMPLEX, BHARATH TUTORIAL, NEHRU ROAD, DURGIGUDI, SHIVAMOGGA-577 201. …RESPONDENTS (BY SRI. P.N. HARISH, ADVOCATE FOR C/R2) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53423 RSA No. 154 of 2024 THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.11.2023 PASSED IN R.A.NO.5/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.12.2022 PASSED IN O.S.NO.383/2020 ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw the appeal as the same has become infructuous. 2. The memo is taken on record. The second appeal is dismissed as withdrawn. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 11