- 1 - HC-KAR NC: 2025:KHC-D:17920 RFA No. 100595 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO.100595 OF 2025 (DEC/POS) BETWEEN: SHAMANUR SUGARS LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT: #374, 4TH MAIN, P.J. EXTENSION, DISTRICT: DAVANGERE - 577002 AND ITS FACTORY IS AT: DUGGAVATHI VILLAGE, TALUK: HARAPANAHALLI, DISTRICT: VIJAYANAGARA – 583137, REPRESENTED BY ITS DIRECTOR, SHRI A.S. NIRANJAN S/O. LATE SANGAPPA. …APPELLANT (BY SRI. PRASHANT F. GOUDAR, ADVOCATE) AND: 1. SHRI CHIKKAPPA S/O. HUCHAPPA, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. DUGGAVATHI VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT-583137. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17920 RFA No. 100595 of 2025 2. SHRI GUDDAPPA S/O. HUCHAPPA, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: DUGGAVATI VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT – 583137. 3. SHRI KENCHAPPA S/O. HUCHAPPA, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: DUGGAVATI VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT – 583137. 4. SHRI CHIKKAMMA W/O. HADDAPPA YALIGAR, AGE: 85 YEARS, OCC: AGRICULTURE, R/O: TAHATANAKATTA VILLAGE, RANEBENNUR TALUK, HAVERI DISTRICT – 583137. 5. SMT. NAGAMMA W/O. SANNAHANUMANTHAPPA, AGE: 84 YEARS, OCC: AGRICULTURE, R/O: RAHUTANAKATTA VILLAGE, RANEBENNUR TALUK, HAVERI DISTRICT - 581115 6. SMT. SHANTHAMMA W/O. NAGAPPA, AGE: 80 YEARS, OCC: AGRICULTURE, R/O: KOMARANAHALLI VILLAGE, HARIHARA TALUK, DAVANGERE DISTRICT – 57753. SMT. GANGAMMA W/O. NIGAPPA, SINCE DECEASED BY LR'S 7. SMT. RATHNAMMA W/O. GUDDAPPA, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: DUGGAVATI VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT – 583137. - 3 - HC-KAR NC: 2025:KHC-D:17920 RFA No. 100595 of 2025 8. SHRI MANJAPPA S/O. LATE NIGAPPA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: DUGGAVATI VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT – 583137. RAMAPPA S/O. KENCHAPPA @ TOOGAPPA, SINCE DECEASED BY LR'S 9. SHRI BEERAPPA S/O. LATE RAMAPPA, AGE: 50 YEARS, AGRICULTURE, R/O: DUGGAVATI VILLAGE, HARAPANAHALLI TALUKA, VIJAYANAGARA DISTRICT – 583137. 10. SMT. KENCHAMMA W/O. ADIVEPPA GODDADARA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: MYLARA HADAGALI TALUK, VIJAYANAGARA DISTRICT-583217. 11. SMT. HANUMAMMA W/O. HONNAPPA HEGGAVARA, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: YADLA VILLAGE HADAGALI TALUK, VIJAYANAGAR DISTRICT- 583219. 12. SMT. NAGAMMA W/O. NINGAPPA HOTTEKARIYAPPA, AGE: 44 YEARS, OCC: HOUSE WIFE, R/O: HUCINAHADAGALI, VIJAYANAGAR DISTRICT - 583133. 13. SMT. DUGGAVATHI LAXMAVVA W/O. LATE KARIYAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SOWLANGA, HARNALLI ROAD, HONNALI TALUK, DAVANAGERE DISTRICT-577225. - 4 - HC-KAR NC: 2025:KHC-D:17920 RFA No. 100595 of 2025 14. SHRI. DUGGAVATHI NINGAPPA S/O. LATE KARIYAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: SOWLANGA, HARNALLI ROAD, HONNALI TALUK, DAVANAGERE DISTRICT-577225. 15. SHRI DUGGAVATHI PARUSAPPA S/O. LATE KRIYAPPA, MAJOR, AGE: MAJOR, OCC: AGRICULTURE, R/O: SOWLANGA, HARNALLI ROAD, HONNALI TALUK, DAVANAGERE DISTRICT-577225. 16. SHRI G. UJJAPPA S/O. CHANNABASAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: DOOR NO.2009/286, TARALABALU BADAVANE, DAVANAGERE. 17. SHRI IRANI KOTRABASAPPA S/O. CHANDRASHEKARAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: OKKLIGARA PET, DAVANAGERE DISTRICT – 577002. 18. SHRI D.K. KHALEEL S/O. ANGADI KHASIM SAB, AGE: MAJOR, OCC: AGRICULTURE, R/O: DUGGAVATHI VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT-583137. 19. SHRI MANJUNATHA S/O. KARNAYAKANAHALLI MAHADEVAPPA, AGE: MAJOR, OCC: AGRICULTURE., R/O: BELAVANOOR VILLAGE, DAVANAGERE DISTRICT – 577002. 20. SHRI SHIVAPPA S/O. BEDARA PAKKERAPPA, AGE: MAJOR, OCC: AGRICULTURE, - 5 - HC-KAR NC: 2025:KHC-D:17920 RFA No. 100595 of 2025 R/O: BUDIHALL VILLAGE, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT-583131. 21. SHRI SANNA NINGAPPA S/O. CHALUVADI LESI DODDA BASAVVA, AGE: MAJOR, OCC: AGRICULTURE, R/O: HALLADAKERI, HARIHARA TOWN, DAVANAGERE DISTRICT – 577601. 22. SMT. JAYAMMA W/O. HANUMANTHAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O. HONNALI TALUK, DAVANAGERE DISTRICT-577217. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF THE CPC 1908, PRAYING TO SETTING ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED IN O.S. NO.171/2023 BY THE SENIOR CIVIL JUDGE AND J.M.F.C. HARAPANAHALLI, DATED 20.03.2025 BY ALLOWING THE PRESENT APPEAL AND THEREBY DISMISSING THE SUIT FILED BY THE PLAINTIFFS IN THE INTEREST OF JUSTICE AND EQUITY; PERMISSION TO AMEND THE APPEAL MEMO AS AND WHEN FOUND NECESSARY AND ETC. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC-D:17920 RFA No. 100595 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. Learned counsel appearing for the appellant has filed a memo is filed seeking leave of the Court to withdraw the appeal. 2. The memo is accepted. 3. It is submitted that value of the suit property is less than Rs.10,00,000/-. 4. Under these circumstances, the appeal does not lie before this Court. 5. Hence, the following: ORDER i. The Regular First Appeal is dismissed as withdrawn. ii. Liberty is reserved to the appellant to present the appeal before the jurisdictional District Judge. - 7 - HC-KAR NC: 2025:KHC-D:17920 RFA No. 100595 of 2025 iii. The time spent in persecuting this appeal from 08.12.2025, till this date, is to be excluded in computing the limitation in case appeal is filed. iv. Registry is directed to return copy of the impugned judgment and decree to the appellants. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT-MCK List No.: 1 Sl No.: 5