- 1 - HC-KAR NC: 2025:KHC:34025 RSA No. 1384 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1384 OF 2021 (SP) BETWEEN: 1. SRI. ANNAYAPPA S/O. LATE MUNIYAMMA AGED ABOUT 54 YEARS RESIDENT OF KUDUVATHI VILLAGE NANDI HOBLI, CHIKKABALLPURA TALUK - 562 103. 2. SRI. ERAPPA S/O LATE POOJAPPA (SINCE DEAD BY HIS LRS) A. SMT. MANJULAMMA W/O. ERAPPA AGED ABOUT 42 YEARS B. KUM. MAMATHA SHREE E D/O ERAPPA AGED ABOUT 25 YEARS C. SRI. MADHU SUDEEP E S/O ERAPPA AGED ABOUT 23 YEARS ALL ARE RESIDING AT NO.75 OLD A K COLONY, DODDA BANASAWADI BANGALORE EAST, KALYANAGARA POST BANGALORE - 560 043. …APPELLANTS (BY SMT: JAYNA KOTHARI, SENIOR COUNSEL FOR SRI: NAVEEN CHANDRA, ADVOCATE) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34025 RSA No. 1384 of 2021 AND: 1. SRI SURESH CHANDRA GUPTA S/O. T.C. GUPTA (SINCE DEAD BY HIS LR'S,) SRI. RAVI AGRAWAL S/O LATE SURESH CHANDRA GUPTA AGED ABOUT 53 YEARS RESIDING AT NO.765 5TH CROSS, 8TH MAIN R.T. NAGAR, 2ND BLOCK BENGALURU - 560 032 2. SRI. T.R. SATHISH HEGGADE S/O. LATE. T.G. RAMANNA HEGGADE RESIDING AT FLAT NO.G-8 PALACE ORCHID APARTMENT 9TH MAIN, SADASHIVANAGAR BENGALURU - 560 080 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.06.2016 PASSED IN OS NO.203/207 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHICKBALLAPUR AND AGAINST THE JUDGMENT AND DECREE DATED 16.10.2017 PASSED IN R.A.NO.70/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AT CHICKBALLAPUR. THIS RSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:34025 RSA No. 1384 of 2021 ORAL JUDGMENT Counsel for the appellants has filed a memo dated 01.09.2025, which reads as under: "The appellant most humbly submit before this Hon'ble Court: 1. The Appellant has filed the present appeal against the judgment and decree dated 28.06.2016, passed in OS No.203/2007 by the Principal Senior Civil Judge & CJM, Chikkaballapur, judgment dated 16.10.2017 passed in RA No.70/2016 (filed by the Respondent No.2) by the Principal District Court, Chikkaballapur and order dated 26.06.2019 passed in Ex.P.No.1/2017 by the Senior Civil Judge, Chikkaballapur. 2. The Appellant craves the leave of this Hon'ble Court to withdraw the instant appeal, with liberty to file a Regular Appeal before the appropriate forum. WHEREFORE, the Appellant humbly prays before this Hon'ble Court to take this memo on record and permit the Appellant to withdraw the instant appeal with liberty to file an appeal before the appropriate forum in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:34025 RSA No. 1384 of 2021 Placing the memo on record, the appeal stands dismissed as withdrawn, with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 9