- 1 - HC-KAR NC: 2026:KHC:11002 RSA No. 1892 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1892 OF 2014 (PAR) BETWEEN: B N SUBBARAYAPPA AGED ABOUT 68 YEARS S/O LATE NARASIMIAH @ NARASIMHE GOWDA P H NO.3/63, PAPER TOWN BHADRAVATHI SHIMOGA DIST – 577 201 PRESENTLY RESIDING AT #72, 6TH MAIN HVR LAYOUT BANGALORE 38 …APPELLANT (BY SRI. JAYAKARA SHETTY H., ADVOCATE) AND: 1. B N VEERAIAH AGED ABOUT 65 YEARS S/O LATE NARASIMHAIAH @ NARASIMHE GOWDA R/AT BELAVATHA, KADAB HOBLI, GUBBI TALUK – 580020 2. B N NANJAPPA AGED ABOUT 55 YEARS S/O NARASIMHIAH @ NARASIMHE GOWDA Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11002 RSA No. 1892 of 2014 R/AT BELAVATHA, KADAB HOBLI, GUBBI TALUK – 580020 3. GANGANNA AGED ABOUT 53 YEARS S/O LATE HUCHAVEERAIAH R/AT BELAVATHA AT AND POST GUBBI TALUK TUMKUR DISTRICT – 572 101 4. SHIVANNA SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES 4(A) SMT. RATHNA W/O LATE SHIVANNA AGED ABOUT 41 YEARS No.27, 2ND CROSS SRIABHAYA SRIRAMA LAYOUT ANDRAHALLI MAIN ROAD PEENYA 2ND STAGE BANGALORE – 560 058 4(B) KIRAN S/O LATE SHIVANNA AGED ABOUT 23 YEARS No.27, 2ND CROSS SRIABHAYA SRIRAMA LAYOUT ANDRAHALLI MAIN ROAD PEENYA 2ND STAGE BANGALORE – 560 058 4(C) ARUNA S/O LATE SHIVANNA AGED ABOUT 21 YEARS No.27, 2ND CROSS SRIABHAYA SRIRAMA LAYOUT ANDRAHALLI MAIN ROAD PEENYA 2ND STAGE BANGALORE – 560 058 - 3 - HC-KAR NC: 2026:KHC:11002 RSA No. 1892 of 2014 5. SMT SHIVAMMA W/O BASAVARAJ AGED ABOUT 46 YEARS R/AT ARASAMMADEVI NILAYA, PIPE LINE, NEAR BEL LAYOUT 2ND STAGE, GOLLARAHATTI VISWANEEDUM POST MAGADI ROAD BANGALORE 560091 6. SMT BHAGYAMMA AGED ABOUT 45 YEARS (SINCE DEAD REP BY HER LRS R7 & R8) 7. VIJAYA AGED ABOUT 19 YEARS S/O LATE B H SURESH R/AT C/O UMESH NO.279, 5TH CROSS, 6TH MAIN NARASIMHASWAMY LAYOUT LAGGERE BANGALORE 58 8. AJAY AGED ABOUT 17 YEARS S/O LATE B H SURESH R/AT C/O UMESH NO.279, 5TH ROSS, 6TH MAIN NARASIMHASWAMY LAYOUT LAGGERE BANGALORE 58 …RESPONDENTS [R3 SERVED V/O DATED 05.12.2017 R7 & R8 ARE LEGAL REPRESENTATIVE’S OF R6 V/O DATED 28.02.2019, SERVICE OF NOTICE TO R1 & R2 ARE H/S V/O DATED 28.08.2023 NOTICE TO R4(A TO C) IS H/S)] - 4 - HC-KAR NC: 2026:KHC:11002 RSA No. 1892 of 2014 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.7.2014 PASSED IN R.A.NO.153/2009 ON THE FILE OF THE III ADDL. DISTRICT JUDGE, TUMKUR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.8.2009 PASSED IN O.S.NO.46/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., GUBBI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT 1. Learned counsel for the appellant filed a memo for withdrawal of the appeal. It is stated that the appellant do not want to press the appeal and he wants to withdraw the appeal and in this regard the appellant has also filed an affidavit seeking dismissal of the appeal as not pressed. 2. Memo along with an affidavit is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn. - 5 - HC-KAR NC: 2026:KHC:11002 RSA No. 1892 of 2014 4. In view of dismissal, pending Interlocutory application/s, if any, do not survive for consideration and they are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV