- 1 - HC-KAR NC: 2025:KHC:33753 RSA No. 28 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 28 OF 2013 (DEC/INJ) BETWEEN: RAMAKRISHNA NAYAK S/O M V NAYAK, AGED 57 YEARS, R/O CHILIMBI, MANGALORE - 575 006 …APPELLANT (BY SRI. BIPIN HEGDE, ADVOCATE) AND: 1. P NARAYAN RAO S/O VENKATARAMANA RAO, MAJOR, EMPLOYEE OF KARNATAKA BANK KONCHADY, MANGALORE - 575 008. 2. SMT. SHANTHA N. RAO D/O. K. NARNAPPA HEBBAR, MAJOR, KONCHADY, MANGALORE - 575 008. 3. P N GIRISH RAO AGED ABOUT 48 YEARS S/O P NARAYAN RAO, NEW MGS COMPLEX SHOP NO.86, CELLAR, TUMKUR TOWN - 572 102 MANGALORE - 575 008. …RESPONDENTS (BY SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33753 RSA No. 28 of 2013 THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 22.08.2012 PASSED IN R.A.NO.100/2002 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 21.01.2002 PASSED IN OS.NO.523/1985 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.), MANGALORE, D.K. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT A Memo is filed seeking leave of this court to withdraw the appeal. 2. Memo is taken on record. 3. Appeal is dismissed as withdrawn. Sd/- (ANANT RAMANATH HEGDE) JUDGE SS List No.: 1 Sl No.: 18