- 1 - HC-KAR NC: 2025:KHC:28173 RSA No. 1523 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1523 OF 2022 (PAR/POS) BETWEEN: SMT. SALEENA DIAS W/O LATE PAUL DIAS AGED ABOUT 57 YEARS, R/AT KONDAGOLLI KESAVE VILLAGE KOPPA TALUK R/BY GPA HOLDER JAMES D’SILVA S/O GREGORY D’SILVA AGED ABOUT 51 YEARS, R/AT UPPINAKOTE, VARAMBALLI VILLAGE BRAHMAVARA POST UDUPI TALUK 576213 …APPELLANT (BY SRI. K. PRASAD HEGDE, ADVOCATE) AND: 1. SRI JOSEPH DIAS S/O LATE PAUL DIAS AGED ABOUT 50 YEARS, R/AT KONDAGOLLI KESAVE VILLAGE KOPPA TALUK 2. SMT. GRACY D’SOUZA W/O LATE ALBERT D’SOUZA AGED ABOUT 45 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28173 RSA No. 1523 of 2022 3. SRI ALEN D’SOUZA S/O LATE ALBERT D’SOUZA AGED ABOUT 18 YEARS 4. GLADY D’SOUZA D/O LATE ALBERT D’SOUZA AGED ABOUT 16 YEARS REPRESENTED BY NATURAL GUARDIAN MOTHER SMT. GRACY D’SOUZA R/AT DOOR NO.307, 3RD FLOOR VISHWASAM ENCLAVE C V RAMAN NAGAR BENGALURU 560093 5. SRI ANTHONY S/O LATE ANDREW D’SOUZA AGED ABOUT 48 YEARS, R/AT TILAK ROAD KOPPA TALUK-577126 6. SMT. FLORINA D’SOUZA W/O FEDRICK FERNANDIES AGED AOBUT 46 YEARS, R/AT SHOK NAGAR SHIVAMOGGA-577201 7. SMT. JASINTA W/O ALFRES D’DSOUZA AGED ABOUT 43 YEARS, R/AT MABUKALA UPPINAKOTE BRAHMAVARA UDUPI TALUK-576213. 8. FRANCIS MARTIZ S/O LATE LUCY DIAS AND BABTIZ MARTIZ AGED ABOUT 56 YEARS, R/AT VIVEKANANDA ROAD BEHIND JMJ TALKIES KOPPA TALUK CHIKAMAGALUR-577126 - 3 - HC-KAR NC: 2025:KHC:28173 RSA No. 1523 of 2022 9. SMT. RIZEENA D/O LATE LICY DIAS AND BABTIZ MARTIZ W/O SIRIL D’SOUZA AGED ABOUT 44 YEARS, R/AT KADABUGERE BALEHONNURU NARASIMHARAJAPURA TALUK CHIKAMAGALURU-577112 10. SRI AMBROSE DIAS S/O LATE PAUL DIAS AGED ABOUT 50 YEARS, DRIVER R/AT HULUMAKKI KOPPA TALUK CHIKAMAGALURU-577126 11. SMT. HILDA DIAS W/O MANOJ DIAS AGED ABOUT 48 YEARS, R/AT VATEKHAN ESTATE KOTTIGEHARA POST MUDIGEHARA TALUK CHIKAMAGALURU-577132 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.04.2022 PASSED IN R.A.NO.14/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., N.R. PURA ITINERATE AT KOPPA. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.06.2019 PASSED IN O.S.NO.19/2013 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KOPPA. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH - 4 - HC-KAR NC: 2025:KHC:28173 RSA No. 1523 of 2022 ORAL JUDGMENT The learned counsel for the appellant filed a memo seeking permission of this Court to withdraw the appeal on the ground that the matter is likely to be settled among the family members. The 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. 2. In view of withdrawal of the main appeal, I.As. if any, do not survive for consideration and the same stand dismissed. Sd/- (H.P.SANDESH) JUDGE SN List No.: 1 Sl No.: 48