- 1 - HC-KAR NC: 2026:KHC:16278 RSA No. 222 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO.222 OF 2022 BETWEEN: 1. SRI. DYAVAIAH @ DYAVA S/O LATE KALASIERAIAH @ ERAIAH @ ERA, AGED ABOUT 67 YEARS, R/AT BOOVANAHALLI VILALE, KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT-573201. 2. SMT. GANGAMMA W/O DYAVAIAH @ DYAVA AGED ABOUT 63 YEARS, R/AT BOOVANAHALLI VILALE, KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT-573201. 3. SRI. SHIVANNA S/O DYAVAIAH @ DYAVA AGED ABOUT 37 YEARS, R/AT BOOVANAHALLI VILALE, KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT-573201. …APPELLANTS (BY SRI. SATHISHA D.J., ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16278 RSA No. 222 of 2022 AND: 1. SMT. DEVIRAMMA D/O DYAVAIAH @ DYAVA, W/O KRISHNA AGED ABOUT 42 YEARS, R/AT THATTEKERE VILLAGE, JANATHA COLONY, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT-573 201. 2. SMT. YASHODHA W/O SANGMAESH AGED ABOUT 35 YEARS, R/AT JOKARAVALLI, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 204. 3. SMT. RUKMINI W/O DEVARAJU AGED 32 YEARS, R/AT YADEHALLI, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573 202. 4. D.R. SOMASUNDER S/O RAJANNA AGED 61 YEARS, R/AT BANDITHIMMANAHALLI VILLAGE, ALUR TALUK, HASSAN DISTRICT-573 204. - 3 - HC-KAR NC: 2026:KHC:16278 RSA No. 222 of 2022 5. YOGISH S/O MANJEGOWDA AGED 43 YEARS, R/AT KENCHATTAHALLI, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT-573201. …RESPONDENTS (BY SRI. SHARAN K., & MADAN K.S., ADVOCATES FOR R1; R2, R4 & R5 ARE SERVED AND UNREPRESENTED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 22.10.2021 PASSED IN R.A.NO.29/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 16.12.2016 PASSED IN O.S.NO. 430/2014 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE, AND JMFC, HASSAN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:16278 RSA No. 222 of 2022 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT 1. Learned counsel for the appellants submitted that a Memo has been filed seeking withdrawal of the appeal as not pressed. 2. Recording the submission and accepting the Memo filed by the appellants, this Regular Second Appeal is dismissed as withdrawn. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 1