- 1 - HC-KAR NC: 2025:KHC:33493-DB RFA No. 989 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 989 OF 2020 (PAR/POS) BETWEEN: 1. HANUMANTHAPPA, S/O. HAKARI KARIYAPPA, AGED ABOUT 53 YEARS, OCCUPATION: AGRICULTURIST, 2. SHIVAPPA, S/O. HAKARI KARIYAPPA, AGED ABOUT 51 YEARS, OCCUPATION: AGRICULTURIST, BOTH ARE R/O: KAKKARAGOLLA-VILLAGE, TALUK AND DISTRICT: DAVANAGERE - 577 589. …APPELLANTS (BY SRI. HALLUR SHIVAYOGI BASAVARAJ, ADVOCATE) AND: SADIYAPPA, S/O DODDA YALLAPPA, SINCE DEAD, BY HIS LRS. 1. PUTTAPPA, S/O SADIYAPPA, AGED ABOUT 58 YEARS, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33493-DB RFA No. 989 of 2020 2. SHRI. SOMANNA, S/O SADIYAPPA, AGED ABOUT 54 YEARS, THIPPANNA S/O DODDA YALLAPPA, SINCE DEAD, BY HIS LRS, 3. RAMESH, S/O THIPPANNA, AGED ABOUT 45 YEARS, 4. THIRUKAPPA, S/O HAKARI KARIYAPPA AGED ABOUT 73 YEARS, 5. RAMESH, S/O THIRUKAPPA, AGED ABOUT 38 YEARS, 6. SANGAPPA, S/O HAKARI KARIYAPPA, AGED ABOUT 71 YEARS, 7. RUDRESH, S/O SANGAPPA, AGED ABOUT 43 YEARS, 8. JAYANNA S/O SANGAPPA, AGED ABOUT 38 YEARS, 9. THIPPANNA, S/O HAKARI KARIYAPPA, AGED ABOUT 68 YEARS, 10. RAJAPPA, S/O THIPPANNA, AGED ABOUT 41 YEARS, - 3 - HC-KAR NC: 2025:KHC:33493-DB RFA No. 989 of 2020 11. KRISHNAPPA, S/O THIPPANNA, AGED ABOUT 39 YEARS, 12. MANJAPPA, S/O LATE SHIVALINGAPPA, AGED ABOUT 33 YEARS, 13. KUMAR, S/O LATE SHIVALINGAPPA, AGED ABOUT 28 YEARS, 14. SANNA GANGAMMA W/O KARIYAPPA, AGED ABOUT 78 YEARS, LEGAL REPRESENTATIVES OF LATE SHIVALINGAPPA S/O LATE KARIYAPPA, 15. SHARADAMMA, W/O SHIVALINGAPPA, AGED ABOUT 68 YEARS, 16. LAKSHMIDEVI D/O SHIVALINGAPPA, AGED ABOUT 31 YEARS, ALL ARE RESIDENTS OF KAKKARGOLLA VILLAGE, DAVANAGERE TALUK AND DISTRICT - 577 589. …RESPONDENTS (BY SRI. SANTHOSH R NELAKUDRI, ADVOCATE FOR R5; R1, R2, R9, R10, R11, R12, R14, R15, R16 ARE SD) THIS RFA IS FILED UNDER SEC.96 R/W. ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.12.2019 IN OS No.50/2017 ON THE FILE OF THE PRINCIPAL - 4 - HC-KAR NC: 2025:KHC:33493-DB RFA No. 989 of 2020 SENIOR CIVIL JUDGE, AT DAVANGERE DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal. 2. Memo is taken on record. 3. Recording the memo, appeal is dismissed as withdrawn. Court fee shall be refunded as applicable. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 40