- 1 - NC: 2025:KHC-K:1402 RSA No.200134 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO.200134 OF 2024 (DEC/INJ) BETWEEN: 1. REVAPPA LAXMAN HIREKURUBAR (SINCE DECEASED BY HIS LRS) SHANKREWWAS W/O REVAPPA HIREKURUBAR SINCE DECEASED APPELLANTS NO.1 TO 3 AND RESPONDENTS NO.7 TO 9 HEREIN ARE HER LRS. BASAPPA S/O REVAPPA HIREKURUBAR AGE: 56 YEARS, OCC: AGRICULTURE, R/O: KUMATHE, VIJAYAPURA DIST. 2. SURESH S/O REVAPPA HIREKURUBAR AGE: 54 YEARS, OCC: AGRICULTURE, R/O: KUMATHE, VIJAYAPURA DIST. 3. CHANDRASHEKHAR S/O REVAPPA HIREKURUBAR AGE: 51 YEARS, OCC: AGRICULTURE, R/O: KUMATHE, VIJAYAPURA DIST. SIDARAYA Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1402 RSA No.200134 of 2024 4. S/O LAXMAN HIREKURUBAR (SINCE DECEASED BY HIS LRS APPELLANTS 4 TO 10) SAYAWWA W/O SIDRAYA HIREKURUBAR AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: KUMATHE, BABALESHWAR TQ. 5. MALLAPPA S/O SIDRAYA HIREKURUBAR, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: KUMATHE, BABALESHWAR TQ. 6. RATNA D/O SIDRAYA HIREKURUBAR AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O: AJUR, BELAGAVI TQ. 7. MAYAVVA W/O SIDDAPPA ARAKERI AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: KUMATHE, BABALESHWAR TQ. 8. HOUSKHAN S/O SIDRAYA HIREKURUBAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KUMATHE, BABALESHWAR TQ. 9. YENKAVVA W/O SIDRAYA JADENAVAR AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O: KUMATHE, BABALESHWAR TQ. 10. SHOBHA D/O SIDRAYA HIREKURUBAR AGE: 43 YEARS, - 3 - NC: 2025:KHC-K:1402 RSA No.200134 of 2024 OCC: HOUSEHOLD WORK, R/O: KUMATHE, BABALESHWAR TQ. 11. GANGAWWA W/O BHIMAPPA ARAKERI SINCE DECEASED BY LR/APPELLANT NO.11.) SIDDAPPA S/O BHIMAPPA ARAKERI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: KUMATHE, VIJAYAPURA DIST. 12. SHIVAPPA S/O BHIMAPPA ARAKERI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: KUMATHE, VIJAYAPURA DIST. …APPELLANTS (BY SRI D.P.AMBEKAR, ADVOCATE) AND: 1. GURUSIDDAPPA S/O DUNDAPPA ANKOLA SINCE DECEASED BY LRS / RESP. NO.1 TO 4) SAROJINI W/O MALAKAPPA MALAPPAGOL AGE: 78 YEARS, OCC: HOUSEHOLD WORK, R/O: KUMATHE, VIJAYAPURA TQ. 2. WANAJAXI W/O KALLAPPA HOLIKATTI AGE: 76 YEARS, OCC: HOUSEHOLD WORK, R/O: DGO HANUMAN NAGAR, HINDAWADI, BELAGAVI. 3. KUMADA - 4 - NC: 2025:KHC-K:1402 RSA No.200134 of 2024 W/O BASAVARAJ HOLIKATTI, AGE: 74 YEARS, OCC: HOUSEHOLD WORK, R/O: DGO HANUMAN NAGAR, HINDAWADI BELAGAVI. 4. SHAILA W/O SHIVANAND RAVIPATIL AGE: 72 YEARS, OCC: HOUSEHOLD WORK, R/O: PRAGATI NAGAR, DR. SITIMANI BUILDING, VIJAYAPURA. 5. SRISHAIL S/O GIRIMALLAPPA DADDIMANI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: NEAR DANAMMA TEMPLE, KUCHANUR, JAMAKHANDI BAGALKOT DIST. 6. RAMAPPA S/O GIRIMALLAPPA DADDIMANI, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: NEAR DANAMMA TEMPLE, KUCHANUR, JAMAKHANDI BAGALKOT DIST. 7. REKHAWWA W/O LAXMAN HIREKURUBAR AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O: KUMATHE, VIJAYAPURA DISTRICT. 8. SAVITHA D/O LAXMAN HIREKURUBAR, AGE: 37 YEARS, OCC: HOUSEHOLD WORK, R/O: KUMATHE, VIJAYAPURA DISTRICT. 9. SUNIL S/O LAXMAN HIREKURUBAR, AGE: 30 YEARS, - 5 - NC: 2025:KHC-K:1402 RSA No.200134 of 2024 OCC: STUDENT, R/O: KUMATHE, VIJAYAPURA DISTRICT. 10. MAYAPPA S/O REVAPPA HIREKURUBAR, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: KUMATHE, VIJAYAPURA DISTRICT. …RESPONDENTS (BY SRI S.S.MAMADAPUR, ADVOCATE FOR C/R-5 AND R6) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC READ WITH ORDER 42 RULE 1 OF CPC, PRAYING TO ALLOW THIS APPEAL AND SET-ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 16.12.2023 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, AT VIJAYAPURA DISMISSING R.A.NO.31/2021 AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.04.2021 PASSED IN O.S.NO.382/2008 BY THE 2ND ADDITIONAL CIVIL JUDGE, AT VIJAYAPURA, DISMISSING THE SUIT OF THE PLAINTIFFS WITH COST AND FURTHER DECREE THE SUIT OF THE PLAINTIFFS IN O.S.NO.382/2008 ON THE FILE OF THE 2ND ADDITIONAL CIVIL JUDGE, AT VIJAYAPURA, AS PRAYED FOR THEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 6 - NC: 2025:KHC-K:1402 RSA No.200134 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned counsel for the appellants has filed a memo seeking leave of this Court to withdraw the appeal. 2. The said memo is taken on record. 3. In view of the said memo, the appeal is dismissed as withdrawn. Sd/- (ANANT RAMANATH HEGDE) JUDGE SVH List No.: 1 Sl No.: 3