- 1 - HC-KAR NC: 2025:KHC:38490 RSA No. 555 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 555 OF 2023 (PAR) BETWEEN: G T GOVINDA RAJ AGED ABOUT 72 YEARS, ADOPTED SON OF LATE G.T.RANGAPPA @ THAMMANNA, NOW RESIDING UPSTAIRS ROYAL HOME APPALIANCES, OPP.OLD PANDITH STORES, KRC MAIN ROAD, GUNDLUPET, CHAMARAJANAGAR DISTRICT - 571 111. …APPELLANT (BY SRI. SHARATH S GOGI.,ADVOCATE) AND: SHAKUNTALAMMA W/O LATE M SHANTHARAJU, AGED ABOUT 79 YEARS, R/AT FLAT NO.501/1, GOMES BUILDNG, LAW COMPALA COLONY, MIRAMAR, PANJIM, GOA, SINCE DEAD BY LRS 1. M S NIRANJAN, S/O LATE M S SHANTHARAJU, AGED ABOUT 64 YEARS, R/AT NO.45/2, II MAIN, KAMAKSHIPALYA, BENGALURU-560 079. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38490 RSA No. 555 of 2023 2. SMT PADMA W/O RAJANNA, AGED ABOUT 76 YEARS, R/AT NO.176/4, RAMAVILAS ROAD, MYSURU - 570 023. 3. SMT SHANTHAMMA W/O RANGAIAH, AGED ABOUT 76 YEARS, R/AT NO.176/4, RAMAVILAS ROAD, MYSORE -570 023. 4. SMT JAYAMMA W/O PUTTARAJU, AGED ABOUT 74 YEARS, R/AT NO.6, 3RD CROSS, NEHARU NAGAR, SESHADRIPURAM, BENGALURU - 560 020. 5. SMT RAJAMMA W/O MANIKYAM, AGED ABOUT 67 YEARS, R/AT, NO.24/A, MANEGAR STREET, SUGAR CANE RESEARCH STATION, VEERAKERALAM, COIMBATORE. SHANTHAMATHA D/O LATE G.T. MARITHIMMAIAH, SINCE DEAD BY HER LRS, N NAGASHAYANA, H/O SHANTHAMATHA, AGED ABOUT 89 YEARS, R/AT NO.15/16, GANGANIVAS, 17TH CROSS, MALLESHWARAM, BENGALURU. - 3 - HC-KAR NC: 2025:KHC:38490 RSA No. 555 of 2023 SINCE DEAD BY LRS, SMT. N NAGA PUSHPA, D/O SHANTHAMATHA, SINCE DEAD BY RLS, 6. K PRABHAKAR, H/O SMT. NAGAPUSHPA, R/AT NO.106/104, R.V-8 APARTMENTS, BETWEEN 13TH AND 14TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. 7. HARISHITHA PRABHAKAR D/O SMT NAGAPUSHPA, R/AT NO.106/104, BETWEEN 13TH AND 14TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. 8. SURYA PRABHAKAR S/O SMT. NAGAPUSHPA, R/AT NO.106/104, BETWEEN 13TH AND 14TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. 9. SMT N NAGALATHA D/O LATE SHANTHAMATHA, AGED ABOUT 62 YEARS, R/AT NO.256, 15TH MAIN ROAD, RAJAMAHAL VILAS EXTENSION, BENGALURU - 560 094. - 4 - HC-KAR NC: 2025:KHC:38490 RSA No. 555 of 2023 10. SMT N NAGARJYOTHIRMAYI D/O LATE SHANTHAMATHA, AGED ABOUT 57 YEARS, R/AT VENKATADRI NIVAS, 6TH CROSS, ADHARSHANAGAR, TUMKUR - 572 105. 11. SMT NAGA SUMA D/O LATE SHANTHAMATHA, AGED ABOUT 54 YEARS, R/AT NO.427/8, HIG 7TH 'A' CROSS, SECTOR-A, YELAHANKA NEW TOWN, BENGALURU - 560 064. 12. SRINIVASA S/O LATE G.T.MARITHIMMAIAH, AGED ABOUT 73 YEARS, R/AT NO.32, BENGALURU OOTY ROAD, GUNDLUPET TOWN, CHAMARAJANAGARA DISTRICT - 571 11. 13. DR MOHAN M.D.DCH S/O LATE G.T.MARITHIMMAIAH, AGED ABOUT 63YEARS, PEDIATRICIAN SPECIALIST, AT PRESENT RESIDING AT NO.119, 2ND WARD, BN ROAD, GUNDLUPET, CHAMARAJANAAGAR DISTRICT - 571 111. SMT ANASUYA W/O VELUSWAMY, AGED ABOUT 70 YEARS, SINCE DEAD BY LRS, 14. SMT SUMAN, W/O G T GOVINDARAJU, R/AT 1ST FLOOR, ROYAL HOME APPLIANCES, - 5 - HC-KAR NC: 2025:KHC:38490 RSA No. 555 of 2023 K.R.C MAIN ROAD, OPPOSITE PANDIT STORES, GUNDLUPET TOWN, CHAMARAJANAGAR DISTRICT - 571 111. 15. SRINIVASAN S/O LATE VELUSWAMY, R/AT NO.8, PALLI STREET, VEERAKRALAM, COIMBATORE - 641 007. 16. SMT ARCHANADEVI W/O RAMESH, R/AT NO.1 APARTMENT G.A. 7TH BLOCK, 1ST A MAIN ROAD, BEHIND BBMP COMPLEX, BANASHANKARI II STAGE, JAYANAGAR, BENGALURU - 560 070. SMT LAKSHMI DEVI W/O KAMANNA SINCE DEAD BY LRS, 17. KAMANNA, S/O BOMMEGOWDA, AGED ABOUT 76 YEARS, R/AT OLD NO.53, NEW DOOR NO.80, 6TH CROSS, MALLESHWARAM, BENGALURU - 560 005. 18. ABHINANDAN S/O KAMANNA, AGED ABOUT 52 YEARS, R/AT OLD NO.53, NEW DOOR NO.80, 6TH CROSS MALLESHWARAM, BENGALURU - 560 003. - 6 - HC-KAR NC: 2025:KHC:38490 RSA No. 555 of 2023 19. AJAY S/O KAMANNA, AGED ABOUT 52 YEARS, R/AT OLD NO.53, NEW DOOR NO.80, 6TH CROSS MALLESHWARAM, BENGALURU - 560 003. 20. ROOPA W/O KAMANNA, AGED ABOUT 51 YEARS, R/AT OLD NO.53, NEW DOOR NO.80, 6TH CROSS MALLESHWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI. VINAY KAMATH.N,ADVOCATE C/R-1 TO R-5) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.12.2022 PASSED IN RA NO.5036/2018 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE , CHAMARAJANGARA, (SITTING AT KOLLEGAL). DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.04.2016 PASSED IN OS NO.114/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 7 - HC-KAR NC: 2025:KHC:38490 RSA No. 555 of 2023 ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawal. The memo reads as under: "The appellant in the above-mentioned case herein humbly prays to submit that he may be permitted to withdraw the present appeal in the interest of justice and equity.” 2. Memo is taken on record. 3. In view of the above memo, petition is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE MDS List No.: 1 Sl No.: 10