- 1 - HC-KAR NC: 2025:KHC:28037 RSA No. 1389 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1389 OF 2015 (DEC/INJ) BETWEEN: SRI. R RANGASWAMY S/O S.RUDRAPPA AGED ABOUT 40 YEARS, R/AT MAGADI MAIN ROAD SUNKADAKATTE, SREE GANDADAKAVAL, VISHWANEDAM POST, BANGALORE. REPRESENTED BY SRI. S. RUDRAPPA S/O SRI.SHESHAPPA AGED ABOUT 67 YEARS. …APPELLANT (BY SRI. SOMASHEKHARAIAH R.P, ADVOCATE) AND: SRI. RUDRAIAH S/O LATE MUNIKEMPAIAH SINCE DEAD BY LR'S 1(A). SMT. NAGAMMA, D/O LATE RUDRAIH, AGED ABOUT 55 YEARS, 1(B). SMT. BHAGYAMMA, D/O LATE RUDRAIAH, AGED ABOUT 53 YEARS, 1(C). SRI. NAGARAJA, S/O LATE RUDRAIAH, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28037 RSA No. 1389 of 2015 AGED ABOUT 51 YEARS, 1(D). SRI. NAGENDRA S/O LATE RUDRAIAH, AGED ABOUT 51 YEARS, 1(E) SRI. JAYANNA, S/O LATE RUDRAIAH, AGED ABOUT 47 YEARS, ALL ARE RESIDING AT BYLAKONENAHALLI, DASANAPURA HOBLI, BANGALORE NORTH TALUK …RESPONDENTS (BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR C/R AND ALSO FOR R1(A TO E)) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.06.2015 PASSED IN R.A NO.4/2015 ON THE FILE OF PRINCIPAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 22.11.2014 PASSED IN O.S NO.121/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT After arguing the matter for some time, learned counsel for the appellant filed a memo seeking leave of the - 3 - HC-KAR NC: 2025:KHC:28037 RSA No. 1389 of 2015 Court to withdraw the appeal with liberty to file a comprehensive suit as per the proposition laid down by the Hon'ble Apex Court in the case of ANATHULA SUDHAKAR VS. P. BUCCHIREDDY (DEAD) BY LRS AND OTHERS reported in AIR (2008) 4 SCC 594. 2. Memo is placed on record. Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty. All the contentions of the parties are kept open. In view of the dismissal of the appeal, I.A.Nos.2/2015 and 1/2016, do not survive for consideration. Accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SSB CT: BHK