- 1 - HC-KAR NC: 2025:KHC:46516 RSA No. 1892 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1892 OF 2013 (INJ-) BETWEEN: B.K GANESHA S/O K R KRISHNA BHATTA AGED ABOUT 48 YEARS R/AT HANDHIGOODU BANDIGADI VILLAGE KOPPA TALUK CHIKKAMAGALUR DISTRICT …APPELLANT (BY SRI. K PRASANNA SHETTY, ADV.) AND: E. GOPALANNAGOWDA SINCE DEAD BY HIS LRS 1) SMT. VISHALAMMA W/O LATE GOPALANNAGOWDA MAJOR IN AGE 2) SMT. GEETHA D/O LATE GOPALANNAGOWDA Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46516 RSA No. 1892 of 2013 MAJOR IN AGE 3) E.G.RAMESHA S/O LATE GOPALANNAGOWDA MAJOR IN AGE 4) E.C.HARISHA S/O LATE GOPALANNAGOWDA MAJOR IN AGE ALL ARE RESIDING AT 'SRIMUTT ROAD', BANDIGADI VILLAGE KOPPA TALUK CHIKKAMAGALUR DISTRICT-577116 …RESPONDENTS (BY SRI. K HANUMANTHRAYAPPA, ADV.) RSA FILED U/S. 100 R/W ORDER XLII RULE 1 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 12.8.2013 PASSED IN R.A.NO.31/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., CHIKMAGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 4.2.2009 PASSED IN OS.NO.75/2006 ON THE FILE OF THE CIVIL JUDGE (JR.DN) KOPPA. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:46516 RSA No. 1892 of 2013 ORAL JUDGMENT After arguing the matter for some time, learned counsel for the appellant filed a memo seeking leave of the Court to withdraw the appeal with liberty to file a comprehensive suit. 2. The memo is placed on record. Accordingly, the appeal is dismissed as withdraw with the aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE SSB