- 1 - HC-KAR NC: 2025:KHC:53425 RSA No. 339 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.339 OF 2021 (INJ) BETWEEN: 1. MRS. CILINE J.M. D’SOUZA, W/O MR. GREGARY D’SOUZA, AGED ABOUT 70 YEARS, ’GRIHA DEEP’ NEAR SILVER GATE CROSS ROAD, KULSHEKAR, MANGALURU-575005. REPRESENTED BY HER GPA HOLDER I.E. HER HUSBAND, MR. GREGORY D’SOUZA, AGED ABOUT 73 YEARS, RESIDING ABOVE ADDRESS. …APPELLANT (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. DR. UPENDRA PERNANKILA, S/O LATE MADHAVA NAYAK, AGED ABOUT 77 YEARS, GANESH NILAYA, KAKKEBTTU, KULSHEKARA, MANGALURU - 575005. 2. MR. M. ANAND, S/O MR. PUTTA NAIKA, AGED ABOUT 72 YEARS, C/O GIRISH MOVAR, FIRST MAIN ROAD, FIRST CROSS ½ SECOND FLOOR, PAPANNA BLOCK, GANGADHAR, R.T. NAGAR, BENGALURU – 560032. …RESPONDENTS (BY SRI. UDAYA SHANKAR RAI P., ADVOCATE FOR R1) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53425 RSA No. 339 of 2021 THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 25.11.2020 PASSED IN R.A.NO.13/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, AND CJM, MANGALURU D.K, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.12.2017 PASSED IN O.S.NO.280/2011 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, MANGALURU. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw the appeal. Along with the memo, copy of the letter addressed by the appellant to the learned counsel for the appellant is enclosed, wherein it is stated that due to her old age and health problem she is not in a position to prosecute the appeal and hence, given instructions to withdraw the appeal. 2. The memo is taken on record. The second appeal is dismissed as withdrawn. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 6