- 1 - HC-KAR NC: 2025:KHC:25553 RSA No. 1717 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO.1717 OF 2012 (DEC/INJ) BETWEEN: 1. M. MUNIYAPPA S/O LATE B MUNISHAMAPPA AGED ABOUT 66 YEARS R/A KAKACHOKKANDHALLI P O BHAKATARAHALLI SIDLAGHATTA TALUK CHIKBALLAPUR DIST. - 562 102. 2. NARAYANASWAMY S/O LATE B MUNISHAMAPPA AGED ABOUT 63 YEARS R/O KAKACHOKKANADAHALLI BHAKTHARAHALLI POST VIA MALUR, SIDLAGHATTA TQ., CHIKKABALLAPURA DIST. - 562 102. 3. SMT. JAYAMMA W/O VENKATASWAMAPPA & D/O LATE B MUNISHAMAPPA AGED ABOUT 50 YEARS R/O KAKACHOKKANADAHALLI VILLAGE SIDLAGHATTA TQ., VIA MALUR, CHIKKABALLAPURA DIST. 562 102. 4. SMT. YASHODAMMA W/O MUNEGOWDA & D/O LATE B MUNISHAMAPPA AGED ABOUT 48 YEARS Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25553 RSA No. 1717 of 2012 R/O DHARMAPURA VILLAGE POST VIJAYAPURA DEVANAHALLI TALUK BANGALORE RURAL DIST. - 562 135. 5. SMT. GOWRAMMA W/O VENKATAPPA & D/O LATE B MUNISHAMAPPA AGED ABOUT 43 YEARS R/O VADDAHALLI VILLAGE NANDAGUDI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT - 562 122. …APPELLANTS (BY SRI. G B MANJUNATH.,ADVOCATE) AND: 1. B NARAYANASWAMY S/O LATE DODDABAYANNA AGED ABOUT 50 YEARS R/A KAKACHOKKANDAHALLLI VILLAGE BHAKTARAHALLI POST JANGAMAKOTE HOBLI SIDLAGHATTA TALUK MALUR, KOLAR DIST. - 562 102. 2. RAJANNA, ADVOCATE S/O LATE DODDABYYANNA AGED ABOUT 47 YEARS R/O K NARAYANAPURA NEW EXTENSION NEAR NAVAJYOHTI SCHOOL KOTHANUR POST, K R PURAM HOBLI, BANGALORE EAST TQ. BANGALORE DISTRICT, BANGALORE - 560 077. 3. SMT. PILLAMMA W/O LATE KRISHNAPPA - 3 - HC-KAR NC: 2025:KHC:25553 RSA No. 1717 of 2012 AGED ABOUT 65 YEARS R/A THANISANDRA VILLAGE KOTHANUR, DR. KSRK NAGAR PO K R PURAM HOBLI BANGALORE EAST TALUK BANGALORE-560077. 4. SMT. JAYALAKSHMAMMA W/O MUNIRAJU AGED ABOUT 43 YEARS R/A THANISANDRA VILLAGE KOTHANUR, DR K SRK NAGAR PO K R PURAM HOBLI BANGALORE EAST TALUK BANGALORE-560077. 5. SMT. ANANDAMMA W/O LAKSHMINARAYANA AGED ABOUT 38 YEARS BELLUTI VILLAGE MALAMACHANAHALLI POST KASABA HOBLI VIA MALUR-562102 SIDLAGHATTA TALUK KOLAR DISTRICT. 6. SMT. MUNIYAMMA W/O LATE DODDA BYYANNA AGED ABOUT 75 YEARS KAKACHOKKANDAHALLI VILLAGE BHAKTARAHALLI VIA MALUR-562102 JANGAMAKOTE HOBLI SIDLAGHATTA TALUK KOLAR DISTRICT. 7. MUNINAGAPPA S/O CHIKKABYYANNA AGED ABOUT 62 YEARS KAKACHOKKANDAHALLI VILLAGE JANGAMAKOTE HOBLI - 4 - HC-KAR NC: 2025:KHC:25553 RSA No. 1717 of 2012 BHAKTARAHALLI POST VIA MELUR-562102 SIDLAGHATTA TALUK KOLAR DISTRICT. 8. CHIKKANAGAPPA S/O CHIKKABYYANNA AGED ABOUT 48 YEARS KAKACHOKKANDAHALLI VILLAGE JANGAMAKOTE HOBLI BHAKTARAHALLI POST VIA MELUR-562102 SIDLAGHATTA TALUK KOLAR DISTRICT. 9. SMT. NAGAMMA W/O LATE KRISHNAPPA AGED ABOUT 58 YEARS PURA VILLAGE VIJAYAPURA HOBLI AND POST DEVANAHALLI TALUK BANGALORE RURAL DIST. - 562 135. 10. SMT. INDIRAMMA W/O NARAYANASWAMY AGED ABOUT 38 YEARS DEVANAMALLUR POST R/O TALADUMMANAHALLI VILLAGE KASABA HOBLI, SIDLAGHATTA TQ CHIKKABALLAPURA DIST. - 562 195. 11. P. NAGARAJ S/O LATE PILLAMUNIYAPPA AGED ABOUT 50 YEARS KAKACHOKKANDAHALLI VILLAGE BHAKTARAHALLY POST VIA MELUR - 562 102. SIDLAGHATTA TALUK ALSO AS LR OF LATE PILLAMUNIAPPA (THEREFORE THE NAME OF PILLAMUNIAPPA IS OMITTED) - 5 - HC-KAR NC: 2025:KHC:25553 RSA No. 1717 of 2012 …RESPONDENTS (BY SRI. R BHADRINATH, ADV.R1, R2,R7, R8; R11, R4, R5, R10 ARE SERVED, V/O DATED 10.12.2019, APPEAL AGAINST R6 AND R11 ARE DISMISSED AS ABATED; V/O DATED 26.7.13, R9 IS H/S; V/O DATED 11.7.25, R3 IS ALIVE & R7 IS DECEASED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.06.2012 PASSED IN R.A.NO.37/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHINTAMANI SITTING AT SIDLAGHATTA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.02.2007 PASSED IN O.S.NO.153/1982 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN), SIDLAGHATTA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT Memo dated 07.07.2025 is filed seeking leave of the Court to withdraw the appeal. 2. Memo is taken on record. - 6 - HC-KAR NC: 2025:KHC:25553 RSA No. 1717 of 2012 3. In view of the memo, Appeal is dismissed as withdrawn. 4. It is submitted that respondent No.3 is no more. It is submitted by the learned counsel for the respondent that respondent No.3 is still alive and respondent No.7 is dead. Same is taken note of. Sd/- (ANANT RAMANATH HEGDE) JUDGE RU List No.: 1 Sl No.: 37