- 1 - HC-KAR NC: 2025:KHC:37290 RSA No. 119 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.119 OF 2020(INJ) BETWEEN: SRI D BASAVARAJU S/O DEVANNA, AGED ABOUT 59 YEARS, R/O VEERASAGARA WORKING IN CMC TUMAKURU, TUMKURU CITY-577101 …APPELLANT (BY Ms. T.P.VASUNDARA FOR SRI P.M.SIDDAMALLAPPA, ADVOCATES) AND: 1. SRI ANNADEVAIAH S/O ANEPPA, DEAD BY LRS R2 TO R6 ARE ALREADY ON RECORD 2. SUNANDA AGED ABOUT 44 YEARS, 3. PANKAJA AGED ABOUT 42 YEARS, 4. SHARADA AGED ABOUT 36 YEARS, 5. SHILPA AGED ABOUT 33 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37290 RSA No. 119 of 2020 ALL ARE DAUGHTERS OF D/O ANNADEVAIAH, THE RESPONDENTS NO.2 TO 5 ARE R/O MARALURU DINNE, TUMAKURU, TUMAKURU CITY-577101 6. BHAGYA AGED ABOUT 33 YEARS, R/AT D NO.13, 1ST CROSS, 5TH MAIN, BYATARAYANAPURA, YASHAWANTHPUR-560022 …RESPONDENTS (BY SRI UMESH MULIMANI, ADVOCATE FOR C/R2 TO R6; VIDE ORDER DATED 19.10.2022, R2 TO R6 ARE TREATED AS LRs OF DECEASED R1) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 09.12.2019 PASSED IN RA NO.268/2016 ON THE FILE OF THE VI ADDL.DISTRICT AND SESSIONS JUDGE AT TUMAKURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.01.2012 IN OS NO.185/1999 ON THE FILE OF THE II ADDL.CIVIL JUDGE AND JMFC., AT TUMKUR. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:37290 RSA No. 119 of 2020 ORAL JUDGMENT Learned counsel for the appellant files a memo which reads as under: “The above named appellant submit that the appellant herein filed the suit for partition and separate possession with respect to suit schedule property and other properties against the Respondent No.1 and others in O.S.No.66/2020, on the file of learned Principal Senior Civil Judge and CJM, Tumakur. Hence, permitted the appellant to withdrawn the above appeal as not press and with liberty to permitted the appellant to pursue the remedy in said suit, in the interest of justice and equity.” 2. Along memo, copy of the amended plaint in O.S.No.66/2020 and certified copy of the order sheet is filed. 3. Placing the memo on record, appeal stands dismissed as withdrawn with liberty to urge the necessary points in the pending suit in O.S.No.66/2020. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 82