- 1 - HC-KAR NC: 2026:KHC:9439 RSA No. 529 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 529 OF 2023 (INJ) BETWEEN: SRI LATE J PARAMESHWARAPPA S/O JUNJAPPA, SINCE DEAD BY HIS LRS., 1. SMT MANJULAMMA R, W/O LATE J PARAMESHWARAPPA, AGED ABOUT 54 YEARS, R/O MAHALAKSHMI LAYOUT, HOSADURGA TOWN AND TALUK, NEAR OLD COURT COMPLEX, CHITRADURGA DISTRICT-577527 2. SRI M P SHARATH PRASAD S/O PARAMESHWARAPPA, AGED ABOUT 36 YEARS, R/O MAHALAKSHMI LAYOUT, HOSADURGA TOWN AND TALUK, NEAR OLD COURT COMPLEX, HOSADURGA TOWN CHITRADURGA DISTRICT-577527 3. SMT. M P ASHWINI D/O PARAMESHWARAPPA, W/O MAHESH, AGED ABOUT 34 YEARS, R/O DODDAKURUBARA BEEDI, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9439 RSA No. 529 of 2023 HALADAMMA TEMPLE ROAD, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT-577301 …APPELLANTS (BY SRI. GOPALAKRISHNAMURTHY C., ADV.) AND: 1. SRI J GIRITHIMMAPPA S/O JUNJAPPA, AGED ABOUT 63 YEARS, 2. SRI G T DAYANANDA S/O GIRITHIMMAPPA, AGED ABOUT 46 YEARS, BOTH ARE R/O M.G. DIBBA VILLAGE, HAMLET OF CHANNASAMUDRA, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT-577527 …RESPONDENTS (BY SRI. R SHASHIDHARA., ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.10.2022 PASSED IN RA.No.29/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.08.2019 PASSED IN OS No.73/2014 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSADURGA. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9439 RSA No. 529 of 2023 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant has filed a memo stating that the appellant may be permitted to withdraw the appeal, since it has become infructuous. 2. The memo is placed on record. Accordingly, the appeal is dismissed as withdrawn. In view of dismissal of the appeal, I.A.No.1/2023 does not survive for consideration and accordingly, disposed off. Sd/- (ASHOK S.KINAGI) JUDGE SSB