- 1 - HC-KAR NC: 2025:KHC:47492 RSA No. 1837 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1837 OF 2013 (DEC/INJ-) BETWEEN: 1. VENKATESH S/O MOOGAPPA AGED 44 YEARS 2. GOVINDAPPA S/O MOOGAPPA AGED 34 YEARS BOTH ARE AGRICULTURIST R/O BANGARAKKANA GUDDA JAGALUR TALUK DAVANGERE DISTRICT-577528 …APPELLANTS (BY SRI. JAGADEESH HIREMATH., ADV. & SRI. SATHEESH H.K., ADV.) AND: Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47492 RSA No. 1837 of 2013 1. SMT PEDDAKKA W/O HANUMANTHAPPA AGED ABOUT 60 YEARS PETTY BUSINESS WOMAN R/O DODDA BATHI VILLAGE HALE BATHI ROAD DAVANGERE TALUK-577528 2. SMT. GANGAMMA W/O CHANDRAPPA AGED ABOUT 59 YEARS 3. SMT. JAMBAKKA D/O MOOGAPPA AGED ABOUT 49 YEARS 4. SMT. DEVAMMA D/O MOOGAPPA AGED ABOUT 38 YEARS 5. SMT. SAKAMMA W/O MARAPPA AGED ABOUT 57 YEARS 6. SMT. MALIYAMMA W/O MOOGAPPA AGED ABOUT 64 YEARS - 3 - HC-KAR NC: 2025:KHC:47492 RSA No. 1837 of 2013 7. CHI. HEMAVATHI D/O MURTHEPPA MINOR, AGED ABOUT 15 YEARS 8. CHI. SURESH S/O MUTHEPPA MINOR, AGED 13 YEARS RESPONDENTS 7 AND 8 ARE MINORS REPRESENTED BY THEIR MATERNAL GRANDMOTHER SMT. MALIYAMMA RESPONDENT NO.6 9. SMT. RANGAMMA W/O HANUMANTHAPPA AGED ABOUT 30 YEARS 10. SMT. SANNAMMA W/O MALLESHAPPA D/O MOOGAPPA AGED ABOUT 20 YEARS 11. CHI. LAXMAMMA D/O MOOGAPPA MINOR, AGED ABOUT 16 YEARS - 4 - HC-KAR NC: 2025:KHC:47492 RSA No. 1837 of 2013 REP. BY HER MOTHER SMT. MALIYAMMA I.E. RESPONDENT NO.6 HEREIN RESPONDENT NOS.2 TO 11 ARE R/O BANGARAKKANA GUDDA JAGALUR TALUK DAVANGERE-577528 …RESPONDENTS (BY SRI. S V PRAKASH FOR R1 & R2, ADV. R3 & R4 ARE SERVED, SRI GOPALAKRISHNAMURTHY.C, ADV. FOR R5, R6, R9 & R10, R7, R8 & R11 ARE MINORS REP. BY R6) RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 5.9.13 PASSED IN R.A.NO.15/2013 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 5.1.2013 PASSED IN OS.NO.72/2009 ON THE FILE OF CIVIL JUDGE (JR.DN.), JAGALURU. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:47492 RSA No. 1837 of 2013 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellants filed a memo seeking for withdrawal of the appeal. It is stated that in respect of the subject matter of the present appeal, the parties have settled the matter in R.A.No.31/2024 on the file of I Additional District and Sessions Judge at Davangere on 24.04.2025 and the said appeal was disposed off in terms of the settlement. 2. In view of the settlement, nothing survives for consideration in the instant appeal and has been rendered infructuous. 3. The memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. - 6 - HC-KAR NC: 2025:KHC:47492 RSA No. 1837 of 2013 In view of dismissal of the appeal, pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB