- 1 - HC-KAR NC: 2025:KHC:44395 RSA No. 2394 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR SECOND APPEAL NO. 2394 OF 2012 (DEC/INJ) BETWEEN: MR K L SHIVALINGEGOWDA S/O LATE B LINGAIAH AGED ABOUT 59 YEARS RESIDENT OF KUDALAKUPPE VILLAGE, K SHETTIHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT- 571428 PRESENTLY WORKING AS PRESIDENTING OFFICER FAST TRACK COURT MYSORE- 570001 …APPELLANT (BY MS. ARCHITHA SURESH, ADVOCATE FOR SRI. SHARATH S GOWDA., ADVOCATE) AND: 1. MRS KEMPAMMA W/O LATE CHIKKALINGAIAH @ PAPANNA AGED ABOUT 72 YEARS RESIDING AT KUDALAKUPPE VILLAGE K SHETTIHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT- 571428 2. MR K S SHIVALINGEGOWDA S/O LATE SHANKARAGOWDA AGED ABOUT 47 YEARS RESIDING AT KUDALAKUPPE VILLAGE K SHETTIHALLI HOBLI Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44395 RSA No. 2394 of 2012 SRIRANGAPATNA TALUK MANDYA DISTRICT- 571428 …RESPONDENTS (V/O DTD 03/11/2025 NOTICE TO R1 (G) IS DISPENSED; R1(A) TO R1 (F) AND R2 SERVED AND UNREPRESENTED) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 4.8.12 PASSED IN R.A.NO.19/11 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.) & JMFC, SRIRANGAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 28.2.11 PASSED IN OS.NO.233/2008 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC, SRIRANGAPATNA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 03.11.2025, which reads as under: "The appellant/Plaintiff respectfully submits that, the L.Rs of deceased first respondent has delivered the encroached portion of 'A' S.S. Property i.e 'B' S.S. Property to the appellant/Plaintiff as prayed in the plaint. As such the appellant/Plaintiff will not press the claim relating to mesne profits. Hence the same is to be recorded and the R.S.A, may be disposed off accordingly. The original documents may kindly ordered to be returned to the appellant/Plaintiff." - 3 - HC-KAR NC: 2025:KHC:44395 RSA No. 2394 of 2012 2. Learned counsel for the appellant has filed another memo for dispensation of notice to respondent No.1 (g). 3. Both the memos are placed on record. 4. In view of the memo dated 03.11.2025, the appeal is dismissed as not pressed. Registry is directed to return the Trial Court Records . All the pending applications stand disposed off in view of dismissal of the appeal. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 8