- 1 - HC-KAR NC: 2025:KHC:48001 RSA No. 1631 of 2025 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.1631 OF 2025 (PAR) BETWEEN: SMT. B.N. RAJAMMA, W/O B. NAGARAJ, D/O LATE THAMMANNA AGED ABOUT 69 YEARS R/AT NO.27, “MANJULA” SUDDAGUNTE PALYA C.V. RAMAN NAGAR POST BENGALURU - 560 093 …APPELLANT (BY SMT. HIMA KIRANA S., ADVOCATE) AND: 1. SMT. K.S. JAYAVANI W/O. K. RAJA RAO, D/O. LATE SRINIVASA MURTHY, AGED ABOUT 61 YEARS, R/AT NO.3242, 21ST 'B' MAIN ROAD, HAMPI CIRCLE, VIJAYANAGAR 2ND PHASE, 'E' BLOCK, MYSURU-570 017. 2. SMT. K. RAMABAI @ S. LAKSHMI, W/O. LATE R. SATHYANARAYANA RAO, AGED ABOUT 73 YEARS, R/AT “SRI GURUPRASANNA”, ANJENAYA LAYOUT, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48001 RSA No. 1631 of 2025 VIDYARANYAPURA (THINDLU), BENGALURU - 560 097. 3. SMT. K. THULASI, W/O. LATE SRINIVASA MURTHY, AGED ABOUT 73 YEARS, R/AT NO.1978, 8TH CROSS, KUMARASWAMY LAYOUT, 2ND STAGE, BENGALURU - 560 078. 4. SMT. UMA DEVI @ UMA RAO K. W/O. SURYANARAYANA RAO. AGED ABOUT 59 YEARS, R/AT NO.64, 13TH MAIN, RAGHAVENDRA BLOCK, SRINAGAR, BENGALURU-560 050. 5. SMT. K. SAVITHRI, W/O. NAGARAJA, AGED ABOUT 54 YEARS, R/AT NO.860, 1ST MAIN, 2ND CROSS, KONANAKUNTE, BENGALURU-560 062. 6. SMT. K. LEELAVATHI, W/O. LATE CHANDRASHEKAR AGED ABOUT 53 YEARS, R/AT NO.5156, 4TH CROSS, RAILWAY STATION, GUBBI TOWN, TUMAKURU-572 216. 7. SMT. KAMALA R., W/O. LATE K. RAGHAVENDRA AGED ABOUT 63 YEARS, R/AT NO.17, GAVIGANGADHARA DEVASTANA, GAVIPURAM CHATRA BLOCK, BENGALURU-560 019. - 3 - HC-KAR NC: 2025:KHC:48001 RSA No. 1631 of 2025 8. SRI. K. RAVI, S/O. LATE KRISHNAMURTHACHAR, AGED ABOUT 50 YEARS, R/AT DOOR NO.39, 1ST MAIN, 24TH CROSS, MARUTHINAGAR, YELAHANKA, BENGALURU - 560 064. 9. SRI. K. PRASAD, S/O. LATE KRISHNAMURTHACHAR, AGED ABOUT 45 YEARS, R/AT AREHALLI, A.G.S.LAYOUT, BENGALURU - 560 061. 10. SRI. C. NARAYANASWAMY, S/O. LATE SHANKARAPPA, AGED ABOUT 74 YEARS R/AT NO.14, NARAYANAPPA FARM LAYOUT, GEDDALAHALLI, BENGALURU - 560 094. 11. SMT. LAKSHAMMA, W/O. LATE JAYARAMAIAH, AGED ABOUT 75 YEARS, R/AT CHANNAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK. 12. SRI. C.J. NARENDRA, S/O. LATE JAYARAMAIAH, AGED ABOUT 55 YEARS, R/AT CHANNAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK. 13. SRI. C.J. THAMMEGOWDA, S/O. LATE JAYARAMAIAH, AGED ABOUT 52 YEARS, R/AT CHANNAHALLI VILLAGE, - 4 - HC-KAR NC: 2025:KHC:48001 RSA No. 1631 of 2025 CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK. 14. SRI. P. RAJA NAIDU, S/O. GANGULAU NAIDU, AGED ABOUT 79 YEARS, R/AT PERAIGHAGARIPALLI, E-KOTHUR POST, IRALA MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH - 517 173. 15. SMT. P. JAYAMMA, W/O. P. RAJA NAIDU, AGED ABOUT 69 YEARS, R/AT PERAIGHAGARIPALLI, E-KOTHUR POST, IRALA MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH - 517 173. 16. SRI. BABU PATHIPATI, S/O. P. RAJA NAIDU, AGED ABOUT 50 YEARS, R/AT PERAIGHAGARIPALLI, E-KOTHUR POST, IRALA MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH - 517173. …RESPONDENTS (BY SMT. SANGEETHA MANJUNATH, ADVOCATE FOR C/R1; SRI. RAKESH KINI, ADVOCATE FOR C/R9; SRI. RAHAMATHULLA KOTHULLA, ADVOCATE FOR C/R2 TO R9) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.09.2025 PASSED IN RA.NO.10/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 06.04.2021 PASSED ON IA NO.10 IN EX.NO.2/1993 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI. - 5 - HC-KAR NC: 2025:KHC:48001 RSA No. 1631 of 2025 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel appearing for the appellant files a memo seeking permission of this Court to withdraw the appeal on the ground that proceedings in Execution Petition No.2/1993 were closed on 25.09.2025 and possession was taken by the Decree Holder but the same was not within the knowledge of the appellant at the time of filing of this present second appeal. The said memo is taken on record. In view of the said memo, the counsel for the appellant is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn. In view of dismissal of the main appeal, I.As. if any, do not survive for consideration and the same stand dismissed. Sd/- (H.P.SANDESH) JUDGE SN