- 1 - HC-KAR NC: 2025:KHC:26260 RSA No. 1912 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1912 OF 2013 (INJ) BETWEEN: 1. SMT LAKSHMAMMA AGED ABOUT 62 YEARS W/O LATE PILLAPPA R/AT MASTENAHALLI VILLAGE MASTENAHALLI GRAM PANCHAYATH KIWARA HOBLI CHINTHAMANI TALUK CHIKKABALLAPUR DISTRICT PIN CODE 563 128 …APPELLANT (BY SRI. C M NAGABUSHANA.,ADVOCATE) AND: 1. SRI MUNIKEMPANNA AGED ABOUT 62 YEARS S/O CHIKKA KEMPANNA R/AT MASTENAHALLI VILLAGE, MASTENAHALLI GRAMA PANCHAYATH KIWARA HOBLI CHINTHAMANI TALUK CHIKKABALLAPUR DISTRICT PIN CODE 563 128 …RESPONDENT (BY SRI. M.MADHUSUDAN ADV FOR SRI.V.VISHWANATH SHETTY, ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26260 RSA No. 1912 of 2013 THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 6.8.13 PASSED IN R.A.NO.56/2011 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, CHINTHAMANI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 25.8.2011 PASSED IN OS.NO.288/2007 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, CHINTAMANI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing the matter for sometime, learned counsel for the appellant orally seeks leave of the Court to withdraw the appeal with a liberty to file a comprehensive suit in view of the proposition laid down by the Hon'ble Apex Court in the case of Anathula Sudhakar V/s P.Buchi Reddy (Dead) by Lr's and others reported in AIR 2008 SC 2033. 2. Learned counsel for the defendant did not object for the said withdrawal of the appeal with a liberty. - 3 - HC-KAR NC: 2025:KHC:26260 RSA No. 1912 of 2013 3. The appeal is dismissed as withdrawn with aforesaid liberty. 4. All the contentions of the parties are kept open in case if the appellant files a comprehensive suit. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 12