- 1 - HC-KAR NC: 2025:KHC:35967 RSA No. 1395 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1395 OF 2024 (PAR) BETWEEN: SMT. RADHA D/O LATE SMT. SUSHILA AGED ABOUT 72 YEARS RESIDING AT SHERIGAR HOUSE OPP MARIGUDI, POST SURATHKAL MANGALORE TALUK. …APPELLANT (BY SRI. RAGHAVENDRA SHENOY M, ADVOCATE) AND: 1. SRI. GIRIDHARA AGED ABOUT 73 YEARS S/O LATE BABU SHERIGARA 2. SMT MEENAKSHI AGED ABOUT 71 YEARS D/O LATE BABU SHERIGARA 3. SRI YOGISH AGED ABOUT 69 YEARS S/O LATE BABU SHERIGARA 4. SRI BHASKARA AGED ABOUT 67 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35967 RSA No. 1395 of 2024 5. SRI UMESH AGED ABOUT 65 YEARS S/O LATE BABU SHERIGARA 6. SMT. PARVATHI AGED ABOUT 71 YEARS W/O LATE SUKUMAR 7. SMT. PRATHIBHA AGED ABOUT 53 YEARS S/O LATE SUKUMAR 8. SRI RAJESH AGED ABOUT 51 YEARS OLD 9. SRI KISHORE AGED ABOUT 34 YEARS S/O LATE SUKUMAR 10. SRI PRASHANTH AGED ABOUT 42 YEARS S/O LATE SUKUMAR 11. JAYASHREE AGED ABOUT 34 YEARS D/O LATE SUKUMAR RSPONDENT NO.1 TO 11 ARE RESIDING AT KAMALA NIVAS IDDIYA VILLAGE, MANGALORE 12. SMT. VEDAVATHI AGED ABOUT 77 YEARS 13. SRI NAGESH - 3 - HC-KAR NC: 2025:KHC:35967 RSA No. 1395 of 2024 SINCE DEAD REPRESENTED BY HIS LR 13(A). SMT. SUNDRI W/O NAGESH AGED ABOUT 68 YEARS 14. SRI UMESH AGED ABOUT 73 YEARS 15. SRI SURENDRA AGED ABOUT 71 YEARS 16. SRI VASUDEVA AGED ABOUT 68 YEARS 17. SMT. ANUSUYA AGED ABOUT 66 YEARS 18. SMT. CHANDRAKALA AGED ABOUT 58 YEARS NO.12 TO 18 ARE THE CHILDREN OF LATE KORAGAPPA SHERIGARA RESIDING AT V.T. ROAD MANGALORE. 19. SRI PADMAPPA AGED ABOUT 82 YEARS 20. SRI SHEENA AGED ABOUT 79 YEARS 21. SRI SADASHIVA AGED ABOUT 77 YEARS - 4 - HC-KAR NC: 2025:KHC:35967 RSA No. 1395 of 2024 22. SRI GOPALA AGED ABOUT 73 YEARS 23. SRI KESHAVA AGED ABOUT 67 YEARS RESPONDENT NO.19 TO 23 ARE THE CHILDREN OF LATE NEMU HENGSU RESIDING AT SHRI RAMA KRIPA MULLAKADU, POST KAVOOR MANGALORE - 575 006. SRI. YADHAVA AGED ABOUT 79 YEARS S/O ALTE SUSHILA RESIDING AT SHERIGAR HOUSE OPPOSITE MARIGUDI POST SURATHKAL MANGALORE TALUK D.K. SINCE DEAD REPRESENTED BY HER LEGAL HEIR SMT. RADHA, APPELLANT …RESPONDENTS THIS RSA IS FILEDD UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.03.2020 PASSED IN RA.NO.95/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, MANGALURU, D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 17.11.2015, PASSED IN O.S.NO.1075/2010 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU D.K. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:35967 RSA No. 1395 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant has filed a memo for withdrawal. The memo reads as under: "It is submitted that the appellant does not wish to precipitate the above appeal. Hence the appellant seeks leave to withdraw the appeal. In the light of the above submission, it is humbly prayed that this Honourable Court may be pleased to dismiss the above appeal as withdrawn.” 2. Placing the memo on record, appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 18 CT: BHK