- 1 - HC-KAR NC: 2025:KHC:30156 MSA No. 42 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 42 OF 2021 (RO) BETWEEN: SUMA MANVI D/O LATE K.S. SHETTY RESIDING AT MOTAGI HOUSE LAXMINARAYANA TEMPLE ROAD MANGLURU - 3. …APPELLANT (BY SRI. B.M. HALA SWAMY, ADVOCATE) AND: 1. SRI. DEVAPPA GATTI SINCE DEAD BY LR'S 1(A). SMT. SUSHEELA, W/O LATE DEVAPPAGATTI AGE 77 YEARS 1(B). LOKESH KUMAR S/O ATE DEVAPPA GATTI, AGE 59 YEARS 1(C). MR. VINOD KUMAR S/O LATE DEVAPPA GATTI AGE 57 YEARS RESPONDENT NO.1(A) TO 1(C) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30156 MSA No. 42 of 2021 ARE RESIDING AT 8-6-509, VEERAMMA COMPOUND, BASAVANAGUDI ROAD, KUDROLI, KODIHALBAIL, MANGALORE - 575 003. 1(D). SMT. PRAFULLA S/O LATE DEVAPPA GATTI, W/O RAMESH GATTI, AGE 53 YEARS R/AT 2-18, GURUDEVA NIVAS, SRIDEVI COMPOUND, KAYAR GOLI, KURNADU POST, MUDIPU, BHATKALA. 1(E). JAGADISH KUMAR S/O LATE DEVAPPA GATTI AGE 50 YEARS, R/AT 8-6-509, VEERAMMA COMPOUND, BASAVANAGUDI ROAD, KUDROLI, KODIHALBAIL, MANGALORE - 575 003. 2. PRABHADEVI W/O LATE K.S. MAHABALA SHETTY R/O MOTAGI HOUSE, LAKSHMINARAYAN TEMPLE ROAD, MANGALORE - 03. 3. SMT. LAXMI W/O LATE K.M. MANJUNATH AGE 56 YEARS 4. BABY ASHMITA D/O LATE K.M. MANJUNATH - 3 - HC-KAR NC: 2025:KHC:30156 MSA No. 42 of 2021 RESPONDENT NO.3 AND 4 ARE RESIDING AT BASAVANAGUDI ROAD VEERAMMA COMPOUND, MANGALURU - 03. 5. SMT. CHAITRA W/O K.M. SANGANATH 6. HOISALA S/O K.M. SANGANATH AGE 15 YEARS SINCE MINOR REP. BY HIS MOTHER RESPONDENT NO.5 RESPONDENT NO. 5 AND 6 ARE RESIDING AT KADMAT HOUSE KOLNAD VILLAGE BANTWAL TALUK - 590 003, DAKSHINA KANNAD DISTRICT. …RESPONDENTS (BY SRI. S. RAJASHEKAR, ADVOCATE FOR R1(A TO E); R2 - PRABHAVATHI, SERVED; R3 - LAKSHMI, SERVED; R4 ASHMITHA, SERVED (R6 IS MINOR, REP. BY R5) VIDE ORDER DATED 13.12.23, NOTICE TO R5 IS DISPENSED WITH) THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 25.02.2019 PASSED IN RA.No.183/2015 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE AND CJM., MANGALURU .DK., ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 01.07.2015 PASSED IN OS.No.665/2004 ON THE FILE OF II ADDL.CIVIL JUDGE AND JMFC., MANGALURU D.K. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 4 - HC-KAR NC: 2025:KHC:30156 MSA No. 42 of 2021 ORAL JUDGMENT After addressing the arguments, learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal. 2. The memo reads as under: "The undersigned counsel herewith withdraw the appeal and the she may be permitted to withdraw the same." 3. Placing the memo on record, the Miscellaneous Second Appeal is dismissed as withdrawn. 4. However, it is made clear that all possible defenses are to be urged by the present appellant who is the defendant in the suit, uninfluenced by the withdrawal of the appeal. Sd/- (V SRISHANANDA) JUDGE KA List No.: 1 Sl No.: 36 CT: BHK