- 1 - HC-KAR NC: 2025:KHC:31573 MSA No. 37 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 37 OF 2025 (RO) BETWEEN: SHIVARAJU S/O LATE THIMMEGOWDA, AGED 67 YEARS, R/AT P GOLLAHALLI VILLAGE, BELLAVI HOBLI 572128. TUMAKURU TALUK AND DISTRICT …APPELLANT (BY SRI. M B CHANDRACHOODA., ADVOCATE) AND: 1. AMEENA KHATHUN W/O LATE T GHOUSE KHAN, AGED 83 YEASR, R/AT H NO. 423, A TYPE, BDA QUARTERS, HAL DOMMALUR, BENGALURU 560 037. 2. SAHERA NASIM BANU D/O LATE T GHOUSE KHAN, AGED 63 YEARS, R/AT H NO. 423, A TYPE, BDA QUARTERS, HAL, DOMALUR, BENGALURU - 560 037. 3. ASHFAK AHAMED KHAN S/O LATE T GHOUSE KHAN, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31573 MSA No. 37 of 2025 AGED 59 YEARS, R/AT H NO. 423, A TYPE, BDA QUARTERS, HAL DOMMALUR, BENGALURU - 560 037. 4. NASEEB AHAMED KHAN S/O LATE T GHOUSE KHAN, AGED 57 YEARS, R/AT 9TH CROSS, SADASHIVANAGAR, TUMAKURU - 572 102. 5. ASTAB AHAMED KHAN S/O LATE T GHOUSE KHAN, AGED 55 YEARS, R/AT 10TH CROSS, SURESH LAYOUT, SADASHIVANAGAR, TUMAKURU 572 102. 6. SMT DEVEERAMMA W/O LATE GANGANNA, AGED 81 YEARS, 7. BASAVARAJU S/O LATE GANGANNA, AGED 61 YEARS, 8. SHIVALINGAIAH S/O LATE GANGANNA, AGED 51 YEARS, 9. JAYANNA S/O LATE GANGANNA, AGED 49 YEARS, RESPONDENTS 6 TO 9 ARE R/AT GOLLAHALLI VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK AND DISRICT 572 128 - 3 - HC-KAR NC: 2025:KHC:31573 MSA No. 37 of 2025 10. SMT SIDDAGANGAMMA D/O LATE GANGANNA, W/O KEMPANNA, AGED 47 YEARS, R/A ALEMANE, KANNENAHALLI, BELLAVI HOBLI 572128. TUMAKURU TQ AND DIST. 11. SMT SWARANAMMA D/O LATE GANGANNA, W/O SHANMUKAIAH, AGED 43 YEARS, R/AT DODDERI VILLAGE 572128. BELLAVI HOBLI, TUMAKURU TQ AND DIST. 12. RIHANNA BI W/O LATE NAZEER SAB, AGED 81 YEARS, 13. SHABBER AHAMED KHAN S/O LATE NAZEER SAB, AGED 67 YEARS, 14. FAIROZ AHAMED KHAN S/O LATE NAZEER SAB, AGED 65 YEARS, 15. FARAHANA KHANUM D/O LATE NAZEER SAB, AGED 63 YEARS, 16. AZEEMA KHANUM D/O LATE NAZEER SAB, AGED 61 YEARS, 17. RAHANATH ULLA KHAN S/O LATE NAZEER SAB, AGED 57 YEARS, - 4 - HC-KAR NC: 2025:KHC:31573 MSA No. 37 of 2025 18. NOOR AHAMED KHAN, S/O LATE NAZEER SAB, AGED 57 YEARS, RESPONDENTS 12 TO 18 ARE R/AT 8TH CROSS, OPP BHARATH FLOUR MILL SREET, MELEKOTE MAIN, NEAR DHANA PALACE, TUMAKURUC ITY 572101 …RESPONDENTS THIS MSA FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.11.2024 PASSED IN RA NO.162/2022 ON THE FILE OF VII ADDITIONAL DISTRICT JUDGE, TUMAKURU, REVERSING THE JUDGMENT AND DECREE DATED 22.04.2022 PASSED IN OS NO.35/2014 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo which reads as under : The SPA holder of the Appellant submits that, the above appeal is filed against the Judgment and Decree dated 11/11/2024 passed in R.A.No.162/2022 on the file of VI Addl. District Judge, Tumakuru, wherein, the Hon'ble Court has set aside the Judgment and Decree dated 22/04/2022, passed in O.S.No.35/2014 on the file - 5 - HC-KAR NC: 2025:KHC:31573 MSA No. 37 of 2025 of II Addl. Senior Civil Judge & JMFC, Tumkur. That pursuant to the remand order, the O.S.No.35/2014 pending on the file of II Addl. Senior Civil Judge & JMFC, Tumkuru, has been disposed off on 07/04/2025. Hence, the Appellant seeks the permission of this Hon'ble Court to withdraw the appeal, in the interest of justice. Placing the memo on record, appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 1