- 1 - HC-KAR NC: 2025:KHC:34024 RSA No. 640 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 640 OF 2021 (INJ) BETWEEN: 1. CYRIL J. D'SILVA S/O. LATE L.S. D'SILVA AGED ABOUT 66 YEARS R/O SILVA'S GATE KULSHEKAR POST MANGALORE - 575 005 2. ERIC C. D'SILVA SINCE DECEASED BY L.RS 2(A) MRS. METILDA C. D'SILVA W/O LATE ERIC C. D'SILVA AGED ABOUT 60 YEARS HALLI HITHLOO ESTATE BYKERE POST VIA SAKALESHPURA HASSAN DISTRICT - 573 127. 2(B) MERYL D'SILVA D/O LATE ERIC C. D'SILVA AGED ABOUT 60 YEARS HALLI HITHLOO ESTATE BYKERE POST VIA SAKALESHPURA HASSAN DISTRICT - 573 127. 3. STANISLAUS D'SILVA S/O. LATE. L.S. D'SILVA AGED ABOUT 57 YEARS R/O. HALLI HITHLOO ESTATE NEAR GIRI LODGE I.G ROAD CHICKMAGALUR - 577 101. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34024 RSA No. 640 of 2021 4. MATILDA D'SILVA W/O LATE L.D. DILVA AGED ABOUT 94 YEARS R/O NEAR GIRI LODGE, I.G. ROAD, CHIKMAGALUR - 577101 SINCE DEAD APPELLANT NO.1, 2(A), 2(B) AND 3 ARE SOLE RESPONDENTS ARE ALREADY ON RECORD. …APPELLANTS (BY SRI: O. SHIVARAMA BHAT, ADVOCATE) AND: CLIFFORD D'SILVA S/O LATE L.S. D'SILVA AGED ABOUT 92 YEARS R/O. NO.33, KAMALA ROAD SAI MADHUVANA LAYOUT CHIKMAGALUR TOWN - 577 101 …RESPONDENT (BY SRI: G. RAVISHANKAR SHASTRY, ADVOCATE) THIS RSA IS FILED UNDER SEC.100 R/W RULE 1 OF ORDER XLII RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 23.12.2020 PASSED IN RA.NO.37/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., SAKALESHPUR, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 23.10.2019 PASSED ON IA.NO.V IN OS.NO.11/2019 ON THE FILE OF THE CIVIL JUDGE AND JMFC., SAKALESHPUR. ALLOWING THE IA.NO.5 FILED UNDER ORDER 7 RULE 1(D) OF CPC., FOR REJECTION OF PLIANT. THIS RSA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:34024 RSA No. 640 of 2021 ORAL JUDGMENT Memo along with affidavit is filed for withdrawal of the original suit. 2. Memo and the affidavit contents are culled out hereunder for the purpose of clarity and certainty. MEMO "The Appellant may be permitted to withdraw the Original Suit filed in OS No.11/2019 on the file of Senior Civil Judge and JMFC, at Sakaleshpur with a liberty to file a fresh suit in the interest of justice and equity. Prays for an order accordingly." VERIFYING AFFIDAVIT "I, Cyril J. D'Silva S/o Late L.S.D'Silva, Aged about 66 years, R/at Silva's Gate, Kulshekar, Mangaluru- 575 005, do hereby solemnly affirm and state on oath as follows:-. 1. I submit that, I am the Appellant No.1 in the aforesaid Appeal and I am well acquainted with the facts of the case. I am swearing this affidavit on my behalf and on behalf of Appellant No.2(a), (b) and Appellant No.3 as I am authorized to do so. - 4 - HC-KAR NC: 2025:KHC:34024 RSA No. 640 of 2021 2. I further submit that, the averments made in memo of withdrawal is true and correct to the best of our knowledge, information and belief. I, Cyril J.D'Silva, the deponent do hereby declare that what is stated in the above paragraphs are true to the best of my knowledge, information and belief". 2. Placing the memo and affidavit on record, the suit in OS No.11 of 2019 is permitted to be withdrawn, with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 40