- 1 - HC-KAR NC: 2025:KHC:35196 RSA No. 1406 of 2016 C/W RSA No. 1408 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO.1406 OF 2016 (RES) C/W REGULAR SECOND APPEAL NO.1408 OF 2016 IN RSA No.1406/2016 BETWEEN: 1. SRI. SUBHASCHANDRA SHETTY AGED ABOUT 43 YEARS, S/O.SRI.SOORAPPA SHETTY, SHOP OWNER, HARDALLI-MADALLI VILALGE, POST: BIDKALKATTE-576222, KUNDAPURA TALUK, UDUPI DISTRICT. …APPELLANT (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SMT. PADMAJA S. HEGDE AGED ABOUT 61 YEARS, D/O LATE SRI.K.ANTHAYYA SHETTY, 2. SRI. SHANKAR HEGDE S/O LATE SRI.K.SORRYANNA SHETTY, BOTH ARE R/O KRISHNA KRIPA, OPP:AMMANI RAMANNA SHETTY HALL, VOLKADU-576101, UDUPI TOWN. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35196 RSA No. 1406 of 2016 C/W RSA No. 1408 of 2016 …RESPONDENTS (BY R1 SERVED AND UNREPRESENTED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 01.04.2016 PASSED IN R.A.NO.5/2012 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 31.01.2012 PASSED IN O.S.NO.128/2006 ON THE FILE OF PRL. CIVIL JUDGE, J.M.F.C., KUNDAPURA. IN RSA NO. 1408/2016 BETWEEN: SRI. SUDHIR KUMAR SHETTY S/O SRI. SHIVARAMA SHETTY AGED ABOUT 38 YEARS MANJU SHREE STUDIO I FLOOR, SATHYANARAYANA BUILDING HARDALLI-MANDALLI VILLAGE POST: BIDKALKATTE-576222 KUNDAPURA TALUK UDUPI DISTRICT. ...APPELLANT (BY SRI. CHANDRANATH ARIGA K.,ADVOCATE) AND: SMT. PADMAJA S. HEGDE D/O LATE K. ANTHAYYA SHETTY AGED ABOUT 61 YEARS - 3 - HC-KAR NC: 2025:KHC:35196 RSA No. 1406 of 2016 C/W RSA No. 1408 of 2016 KRISHNA KRIPA OPP: AMMANI RAMANNA SHETTY HALL VOLKADU -576101. ...RESPONDENT (SERVICE OF NOTICE TO RESPONDENT HELD SUFFICIENT V/O DATED 10.02.2025) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 01.04.2016 PASSED IN R.A.NO.25/2009 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 08.04.2009 PASSED IN O.S.NO.88/2006 ON THE FILE OF PRL. CIVIL JUDGE, J.M.F.C., KUNDAPURA. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT After arguing for sometime, learned counsel for the appellant seeks leave of this court to withdraw both the appeals. - 4 - HC-KAR NC: 2025:KHC:35196 RSA No. 1406 of 2016 C/W RSA No. 1408 of 2016 Recording the submission made by the learned counsel for the appellant, both Regular Second Appeals are dismissed as withdrawn. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 49