- 1 - HC-KAR NC: 2025:KHC:48943 RSA No. 878 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 878 OF 2017 (SP-) BETWEEN: SRI. A. NAGARAJAPPA AGED ABOUT 67 YEARS, S/O. ANJINAPPA, RESIDING AT GOVINDAPURA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL - 562 114. …APPELLANT (BY SRI. C SHANKAR REDDY, ADVOCATE) AND: 1. SRI. MUNEAYAPPA S/O. LATE MAISYAPPA, AGED ABOUT 73 YEARS, RESIDING AT MUNEKOLALA, BEHIND LAKSHMINARAYANASWAMY TEMPLE, MARATHAHALLI POST, VARTHUR MAIN ROAD, BENGALURU - 560 037. 2. SRI. VENKATESHAPPA S/O. LATE MASIYAPPA, AGED ABOUT 71 YEARS, RESIDING AT GOVINDAPURA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48943 RSA No. 878 of 2017 DISTRICT - 570 010. 3. SRI. MUNIVENKATESHAPPA S/O. LATE MASIYAPPA, AGED ABOUT 69 YEARS R/AT NO.116, 10TH CROSS, 10TH MAIN, J.C. LAYOUT, DEVASANDRA, BENGALURU - 36. …RESPONDENTS (BY SRI. M. DEVARAJA, ADVOCATE FOR C/R2 AND ALSO FOR R1 AND R3) THIS RSA IS FILED UNDER SEC.100 R/W ORDER XLII RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.4.2017 PASSED IN RA NO.102/2012 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 7.08.2012 PASSED IN OS NO.254/2000 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, HOSAKOTE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT Both learned counsel for the appellant and respondents are present before the Court. - 3 - HC-KAR NC: 2025:KHC:48943 RSA No. 878 of 2017 2. Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. The memo dated 24.11.2025 reads as under:- "The undersigned appellant hereby submits that by virtue of the Partition dated 31.07.2010 between the respondents, the suit schedule property which had fell to the share of branch of Sri. Venkateshappa, the respondent No.2 herein. It is submitted that the while the appeal was before this Hon'ble Court, in view of the settlement, the respondent No.2 and his family members had executed the registered sale deed dated 22.01.2021 in favour of the appellant herein. Hence, the appellant above named prays this honourable court may be pleased to permit the appellant to withdraw the above appeal as not pressed as the dispute between the parties is settled out of court. The copy of the registered sale deed dated 22.01.2021 is enclosed herewith". Prays for orders accordingly". 3. Memo filed for withdrawal of the appeal is accepted. Accordingly, appeal is dismissed as withdrawn. Sd/- (DR.K.MANMADHA RAO) JUDGE VS List No.: 1 Sl No.: 6