- 1 - HC-KAR NC: 2025:KHC-K:3448 RSA No. 200112 of 2017 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 200112 OF 2017 (PAR) BETWEEN: SAILAR SAB S/O LATE FATHRU SAB NILANGA, AGE: 78 YEARS, OCC: AGRICULTURE, R/O: VILLAGE MUGNOOR, TQ: HUMNABAD, DIST: BIDAR – 585 330. …APPELLANT (BY SRI AJAYKUMAR A.K., ADVOCATE) AND: 1. JAINODDIN S/O LATE FATHRU SAB NILANGA, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: VILLAGE MUGNOOR TQ: HUMNABAD, DIST: BIDAR – 585 330. 2. SHARFUDDIN S/O LATE FATHRU SAB NILANGE, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: VILLAGE MUGNOOR TQ: HUMNABAD, DIST: BIDAR – 585 330. 3. MOHAMED SAB S/O LATE RUKMUDDIN, S/O FATHRU SAB NILANGE, AGE: 30 YEARS, OCC: MANNUAL LABOUR, Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3448 RSA No. 200112 of 2017 R/O: VILLAGE MUGNOOR, TQ: HUMNABAD, DIST: BIDAR – 585 330. 4. MRS. SARDAR BEE D/O LATE FATHRU SAB NILANGE, W/O AHMED SAB, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O: VILLAGE MUGNOOR, TQ: HUMNABAD, DIST: BIDAR – 585 330. 5. MRS. RASOOL BEE D/O LATE FATHRU SAB NILANGE, W/O HAKEEM SAB HUMNABADWALE, AGE: 47 YEARS, OCC: HOUSEHOLD, R/O: VILLAGE MUGNOOR, TQ: HUMNABAD, DIST: BIDAR – 585 330. 6. MRS. BANU BEE D/O LATE FATHRU SAB NILANGE, W/O SHABIR MIYAN RUMALE, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: VILLAGE MUGNOOR, TQ: HUMNABAD, DIST: BIDAR – 585 330. 7. MRS. TAHERA BEE D/O LATE FATHRU SAB, W/O SHABBIR MIYAN WALANDI, AGE: 43 YEARS, OCC: HOUSEHOLD, R/O: VILLAGE MUGNOOR, TQ: HUMNABAD, DIST: BIDAR – 585 330. …RESPONDENTS (R1 & R4 TO R7 ARE SERVED; APPEAL STAND ABATED AS AGAINST R2; NOTICE TO R3 IS HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.09.2013 PASSED IN O.S.NO.42/2011 BY THE PRL. CIVIL JUDGE, HUMNABAD, AND VIDE JUDGMENT AND DECREE DATED 20.10.2016, IN R.A.NO.26/2013 BY THE SENIOR CIVIL JUDGE AND JMFC, HUMNABAD AND CONSEQUENTLY DISMISS THE SUIT OF THE PLAINTIFF AS PRAYED FOR. - 3 - HC-KAR NC: 2025:KHC-K:3448 RSA No. 200112 of 2017 THIS RSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for appellant has filed application under Order XXIII Rule 1 r/w Section 151 of CPC for dismissal of appeal as withdrawn. Application is supported by affidavit. Appellant is present. Taking application and affidavit on record and noting presence of appellant, appeal is dismissed as withdrawn. Pending applications ordered accordingly. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 38 Ct: VK