- 1 - HC-KAR NC: 2025:KHC:47917 RSA No. 70 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.70 OF 2023 (PAR) BETWEEN: 1. SRI. M.L. SHIVAKUMAR, S/O LATE LINGAPPA, AGED ABOUT 60 YEARS, R/A MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …APPELLANT (BY SRI. NAGESH S., ADVOCATE) AND: 1. SMT. LALITHAMMA, D/O LATE LINGAPPA, W/O NANJAPPA, AGED ABOUT 62 YEARS, R/O KODIGEBOMMANAHALLI VILLAGE, THYMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. 2. SRI. M.L. MURTHY, S/O LATE LINGAPPA, SINCE DEAD BY LRS. SMT. SHASHIKALA B.H., AGED ABOUT 51 YEARS, W/O LATE M.L. MURTHY, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47917 RSA No. 70 of 2023 R/AT MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. 3. SMT. ASHA M.M., AGED ABOUT 31 YEARS, D/O LATE M.L. MURTHY, R/A KODIGE BOMMANAHALLI VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. 4. USHA M.M., AGED ABOUT 28 YEARS, D/O LATE M.L. MURTHY, R/A MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. 5. SMT. NAGARATHNAMMA, W/O M.C. BASAVARAJU, AGED ABOUT 60 YEARS, R/AT NO.9/127, 1ST MAIN ROAD, SHANKARAPPA LAYOUT, K.R. EXTENSION, TIPTUR TOWN, TUMAKURU DISTRICT. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.11.2022 PASSED IN R.A.NO.188/2019 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 05.09.2019 PASSED IN O.S.NO.382/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, NELEMANGALA. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47917 RSA No. 70 of 2023 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw the appeal on the ground that the matter is settled between the parties out of Court. 2. The memo is taken on record. 3. In terms of the memo, the second appeal is dismissed as withdrawn. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 9