- 1 - HC-KAR NC: 2026:KHC:26978 RSA No. 1145 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1145 OF 2018 (SP) BETWEEN: SHRI. B.H. MOHAMMED KHAN SON OF LATE SHRI HAFEEZ KHAN, AGE 71 YEARS OCCUPATION:AGRICULTURE RESIDING AT BASAVANAPURA THONDEBHAVI HOBLI, GAURIBIDANUR TALUK, CHICKBALLAPUR DISTRICT - 562 158. …APPELLANT (BY SRI. G.S. BHAT, ADVOCATE) AND: SHRI PYARU SAB SINCE DEACEASED BY LRS, 1. SRI. CHAND PASHA, S/O LATE PYARU SAB, AGE 51 YEARS, RESIDING AT THONDEBHAVI VILLAGE, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26978 RSA No. 1145 of 2018 GAURIBIDANUR TALUK, CHICKBALLAPUR DISTRICT - 562 158. 2. SRI. NAZIR PASHA S/O LATE PYARU SAB, AGE 49 YEARS RESIDING AT THONDEBHAVI VILLAGE, GAURIBIDANUR TALUK, CHICKBALLAPUR DISTRICT - 562 158. 3. SMT. MUBEEN TAJ D/O LATE PYARU SAB, AGE 41 YEARS RESIDING AT THONDEBHAVI VILLAGE, GAURIBIDANUR TALUK, CHICKBALLAPUR DISTRICT - 562 158. 4. SMT. SHANU D/O LATE PYARU SAB, W/O SRI. HABIB BASHA, AGE 38 YEARS, RESIDING AT PAN BEEDA SHOP, NEAR RAILWAY STATION, DODDBALLAPUR - 562 104, BANGALORE RURAL DISTRICT. - 3 - HC-KAR NC: 2026:KHC:26978 RSA No. 1145 of 2018 5. SRI. MANJUNATHA S/O LATE SRI SATYANARAYANA SETTY, AGE MAJOR, OCCUPATION:MERCHANT, RESIDING AT BHAVANI KRUPA, RTR BUILDIGN, BEHIND ROHINI TEXTILES NEAR BUS STAND ROAD, SIRA TOWN, TUMKUR DISTRICT - 561 128. …RESPONDENTS (BY SRI. M.R. RAVINDRA, ADVOCATE FOR C/R5; R-1, R-3, R-4 - SERVED) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 06.03.2018, PASSED IN R.A.NO.17/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., GOWRIBIDANUR, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGEMENT AND DECREE DTD 16.08.2017, PASSED IN OS.NO.211/1996, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., GOWRIBIDANUR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:26978 RSA No. 1145 of 2018 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT A memo is filed. The memo reads as under : " The undersigned counsel, on instructions from the legal heir of the appellant, one Mizbhan Khan, craves liberty of this Hon'ble Court to withdraw the captioned Appeal. Hence this memo. Wherefore, it is respectfully prayed that this Hon'ble Court may be pleased to take on record the instant memo for withdrawal and pass any order as it deems fit in the interest of justice and equity." Placing the memo on record, the appeal stands dismissed as the legal representatives of the deceased appellant are not interested to prosecute the appeal further. Sd/- (V SRISHANANDA) JUDGE BK : List No.: 1 Sl No.: 20