- 1 - HC-KAR NC: 2025:KHC:37819 RSA No. 1098 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1098 OF 2021 (SP) BETWEEN: 1. SRI R N RAMACHANDRAIAH SETTY SINCE DEAD BY HIS LRS.. 1(a) NAGALAKSHMI N.R. W/O RAMAKRISHNAPPA.N AGED ABOUT 66 YEARS R/O 191, OPPOSITE ANJANEYA TEMPLE AVATHI DEVNAHALLI BANGALORE RURAL-562 110. 1(b) GEETHA LAKSHMI W/O LATE SATHYA NARAYANN SHETTY AGED ABOUT 64 YEARS R/O 693, BASAVANGUDI ROAD CHIKKABALLAPUR-562 101 1(c) RAJESHWARI B.G C/O B.R.GOPALAKRISHNA AGED ABOUT 62 YEARS R/O 810, WARD NO.17, A AGASARA BEEDI KOTE CHIKKABALLAPUR – 562 101 1(d) T.R.NIRMALADEVI AGED ABOUT 55 YEARS R/O 972/2, WARD 6 NEAR GOVT LADIES HOSTEL CHIKKABALLAPUR -562 101 Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37819 RSA No. 1098 of 2021 1(e) R.DHANA LAKSHMI W/O A NAGARAJU AGED ABOUT 53 YEARS R/O NO.13, WARD NO.6 2ND CROSS ROAD MUNICIPAL LAYOUT, M.G.ROAD CHIKKABALLAPUR -562 101 BY POWER OF ATTORNEY HOLDER SRI LAKSHMINARAYANA GUPTA S/O P.SRIRANGA SETTY AGED ABOUT 70 YEARS MERCHANT GUPTA HARDWARE B.B.ROAD, CHIKKABALLAPUR -562 101 2. SRI P R SURYA PRAKASH S/O RANGAIAH SETTY AGED ABOUT 73 YEARS RESIDING AT DHARMACHATRA ROAD CHIKKABALLAPUR CITY CHIKKABALLAPUR DISTRICT-562101 …APPELLANTS (BY SRI. K.N.NITISH, ADVOCATE) AND: 1. SRI THOMAS KUTTY S/O JOSEPH JOSEPH AGED ABOUT 57 YEARS, RESIDENT OF PUTEN KALAM KANNADY POST, PIUM CUNNOO ALLEPEY DISTRICT KERALA STATE-578701 2. SRI MATHEW JOSEPH S/O JOSEPH JOSEPH AGED ABOUT 51 YEARS, R/O SUPREME TILES AND BRICKS FACTORY TIRNAHALLI VILLAGE, NANDI HOBLI CHICKBALLAPUR DISTRICT-562101 …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:37819 RSA No. 1098 of 2021 (R1 IS SERVED AND UNREPRESENTED; SMT.SRUTI CHAGANTI, ADVOCATE FOR R2) THIS RSA IS FILED UNDER ORDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 21.10.2021 PASSED IN RA.No.12/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.11.2015 PASSED IN OS.NO. 12/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., CHIKKABALLAPUR. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for some considerable amount of time, an application under Section 151 CPC r/w Order 23 Rule 1 CPC is filed, requesting the Court to permit the appellants to withdraw the appeal. 2. Application is supported by affidavit of one of the legal representatives of deceased first appellant on record namely, Smt. T.R. Nirmala Devi. She has stated that appellants - 4 - HC-KAR NC: 2025:KHC:37819 RSA No. 1098 of 2021 are not interested in prosecuting the appeal further. Therefore, sought for permission to withdraw the appeal. 3. In fact, a memo would have suffice for withdrawal of the appeal, instead an application is filed. 4. Counsel for respondent Smt. Shruthi Chaganti for contesting respondent No.2 has no objection to allow the application. 5. Since the appellants are the masters of the appeal and not interested in prosecuting the appeal, even though application is a surplusage on record, permission to withdraw can be accorded unconditionally, though Order XXIII Rule 1 CPC is pressed into service. 6. Order XXIII Rule 1 CPC would not be strictly applicable to the case on hand inasmuch as the appeal is by the defendant No.1. 7. Therefore, exercising the power vested in this Court under Section 151 CPC, appellants are permitted to withdraw the appeal. - 5 - HC-KAR NC: 2025:KHC:37819 RSA No. 1098 of 2021 8. Accordingly, the following order is passed: ORDER Regular Second appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE MR