- 1 - HC-KAR NC: 2025:KHC:42275 RSA No. 732 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.732 OF 2021 (PAR/POS) BETWEEN: 1. SRI. KRISHNAPPA K.R., S/O RANGASWAMAIAH, AGED ABOUT 59 YEARS, RESIDING AT KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT, PIN-572107. …APPELLANT (BY SRI. A.V.GANGADHARAPPA, ADVOCATE) AND: 1. SRI. THOPAIAH, S/O LATE RANGASWAMAIAH, AGED ABOUT 58 YEARS, R/A KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT, PIN-572107. RANGASWAMAIAH, S/O LATE CHANNALLI RANGAIAH, SINCE DECEASED BY HIS LR. GANGAMMA, W/O LATE RANGASWAMAIAH, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42275 RSA No. 732 of 2021 2. SINCE DEAD BY HER LRS APPELLANT, RESPONDENT 1 AND 2. SRI. RAMAIAH, S/O LATE RANGASWAMAIAH, AGED ABOUT 61 YEARS, RESIDING AT KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT, PIN-572107. 3. SRI. RANGANATH, S/O CHANNAPPA, SINCE DECEASED BY HIS LRS. SMT. PADMAVATHI, W/O RANGANATH, AGED ABOUT 60 YEARS. 4. SRI. VINAY, S/O LATE C.R. RANGANATH, AGED ABOUT 29 YEARS. 5. SMT. MALA, D/O LATE C.R. RANGANATH, AGED ABOUT 26 YEARS. RESPONDENTS NO.3 TO 5 ARE RESIDENTS OF KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT, PIN-572107. 6. SRI. ASWATHANARAYANA, S/O H.N.SUBBANNA, AGED ABOUT 51 YEARS, M.H.PATNA VILLAGE AND POST, GUBBI TALUK, TUMAKURU DISTRICT-572216. - 3 - HC-KAR NC: 2025:KHC:42275 RSA No. 732 of 2021 7. SMT. DODDAMMA, W/O DODDARANGAIAH, MAJOR, RESIDING AT KURUBARAHALLI, C.N. DURGA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT-572138. 8. SMT. SHARADAMMA, W/O LATE MYLARAPPA, MAJOR, RESIDING AT HIRAKASANDRA VILLAGE AND POST, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. 9. SMT. JAYAMMA, W/O CHIKKANNA, MAJOR, RESIDING AT KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572107. …RESPONDENTS (BY SRI. RAJESH A., ADVOCATE FOR R1 AND R2; SRI. K.M.SOMASHEKARA, ADVOCATE FOR PROPOSED IMPLEADING R10; R4, R5, R7, R8 AND R9 SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE 17.11.2020 PASSED IN R.A.NO.175/2020 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.02.2017 PASSED IN O.S.NO.363/2006 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:42275 RSA No. 732 of 2021 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 on the ground that the matter was settled before the Court in which the final decree proceedings was pending and the copy of the final decree is also produced. 2. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 2