- 1 - HC-KAR NC: 2025:KHC:47493 RSA No. 1697 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1697 OF 2013 (INJ) BETWEEN: 1. (a) CHIKKA-CHIKKAPPA SINCE DEAD BY LRS SMT. MUNEMMA W/O CHIKKA CHIKKAPPA AGED ABOUT 80 YEARS (b) DODDANARAYANASWAMY S/O CHIKKA CHIKKAPPA AGED ABOUT 55 YEARS (c) CHIKKA NARAYANASWAMY S/O CHIKKA CHIKKAPPA AGED ABOUT 50 YEARS (d) CHOWDAPPA S/O CHIKKA CHIKKAPPA AGED ABOUT 40 YEARS ALL ARE R/AT KORLAHALLI VILLAGE AMABAJI DURGA HOBLI CHINTAMANI TALUK-562135 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47493 RSA No. 1697 of 2013 2. DODDA ANJAPPA S/O DODDACHIKKAPPA AGED ABOUT 62 YEARS R/AT KORLAHALLI VILLAGE AMABAJI DURGA HOBLI CHINTAMANI TALUK-562135 …APPELLANTS (BY SRI. KALYAN R, ADV. & SRI. VENUGOPAL, ADV.) AND: 1. RAMAKRISHNAPPA S/O SUBBANNA AGED ABOUT 48 YEARS 2. RAMAKRISHNAPPA S/O MUNINARAYANAPPA AGED ABOUT 38 YEARS 3. SEENAPPA S/O DODDANARAYANAPPA AGED ABOUT 42 YEARS 4. VENKATESHAPPA S/O CHIKKA VENKATARAYAPPA AGED ABOUT 33 YEARS 5. MUNI CHOWDAPPA S/O GOWNIPALLI NARAYANAPPA MAJOR - 3 - HC-KAR NC: 2025:KHC:47493 RSA No. 1697 of 2013 6. MUNINARAYANAPPA S/O VENKATARAYAPPA AGED ABOUT 75 YEARS 7. CHIKKA ANJAPPA S/O CHIKKA CHIKKAPPA AGED ABOUT 60 YEARS ALL ARE R/AT KORLAHALLI VILLAGE AMBAJIDURGA HOBLI CHINTHAMANI TALUK-562135 …RESPONDENTS (BY SRI. P M SIDDAMALLAPPA, ADV. FOR R1 TO R6, R7 SERVED) RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 4.9.2013 PASSED IN R.A.NO.32/2008 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, CHINTHAMANI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 17.3.2008 PASSED IN OS.NO.80/2003 ON THE FILE OF CIVIL JUDGE (JR.DN.) AND JMFC, CHINTHAMANI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:47493 RSA No. 1697 of 2013 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellants filed a memo for withdrawal of the appeal. It is stated that the appellants may be permitted to withdraw the appeal with liberty to file a fresh suit on the fresh cause of action. 2. The memo is taken on record. Accordingly, the appeal is dismissed as withdraw with the aforesaid liberty. In view of dismissal of the appeal, pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB