- 1 - HC-KAR NC: 2025:KHC:33752 RSA No. 1361 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1361 OF 2021 (DEC/INJ) BETWEEN: 1. SRI. K K HARIYANNA S/O LATE KANNIGAIAH AGEDA BOUT 66 YEARS RESIDING AT KADEPALYA KASABA HOLBI GUBBI TALUK TUMKUR DISTRICT-572216 …APPELLANT (BY SRI. KASHINATH J D.,ADVOCATE) AND: 1. SRI. HONNAGANGAPPA S/O LATE GANGAPPA AGED ABOUT 55 YEARS RESIDING AT NADUVALAPALYA KASABA HOLBI GUBBI TALUK TUMKUR DISTRICT-572216 2. SMT LATHA W/O LATE KEMPASIDDAIAH AGED ABOUT 35 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33752 RSA No. 1361 of 2021 RESIDING AT KADEPALYA KASABA HOLBI GUBBI TALUK TUMKUR DISTRICT-572216 3. SRI LAKSHMINARAYANA S/O LATE KEMPASIDDAIAH AGED ABOUT 19 YEARS RESIDING AT KADEPALYA KASABA HOLBI GUBBI TALUK TUMKUR DISTRICT-572216 4. SRI NAGESHA S/O LATE KEMPASIDDAIAH AGED ABOUT 24 YEARS RESIDING AT KADEPALYA KASABA HOLBI GUBBI TALUK TUMKUR DISTRICT-572216 5. SMT NAGALAKSHMI D/O LATE KEMPASIDDAIAH AGED ABOUT 22 YEARS RESIDING AT KADEPALYA KASABA HOLBI GUBBI TALUK TUMKUR DISTRICT-572216 …RESPONDENTS (R1- DECD, R2 TO R4 ARE SERVED, R5 - SERVICE HELD SUFFICIENT) - 3 - HC-KAR NC: 2025:KHC:33752 RSA No. 1361 of 2021 THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 30.07.2019 PASSED IN RA.NO.17/2013 ON THE FILE OF THE ADDL. SENIRO CIVIL JUDGE AND JMFC, GUBBI . DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.06.2013 PASSED IN O.S.NO.80/2003 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., GUBBI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellants has filed a memo which reads as under : "The counsel for the appellant herein respectfully submits that, after filing of the appeal the sole appellant namely K.K. Hariyanna was died leaving behind his legal heirs. When the counsel for the appellant often the time contacted the legal heirs of the appellant, they said that they don’t have interest to continue the case and also, they have not given any details regarding the death of the sole appellant. In view of the same I may be permitted to - 4 - HC-KAR NC: 2025:KHC:33752 RSA No. 1361 of 2021 withdraw the case as not pressed to meet the interest of justice." Placing the memo on record, the appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 15