- 1 - HC-KAR NC: 2026:KHC:29383 RSA No. 549 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 549 OF 2018 (PAR) BETWEEN: SMT. PUTALAKSHMAMMA W/O. LATE N. KADAIAH, AGED ABOUT 67 YEARS, RESIDING AT ARALAHALLI VILLAGE, MYSORE NAGAMANGALA ROAD, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435. …APPELLANT (BY SRI. RAJASHEKAR S, ADVOCATE) AND: 1. M. K. MAHESH RAJU S/O. LATE N. KADAIAH, AGED ABOUT 44 YEARS, RESIDING AT NO.100, ARALAHALLI VILLAGE, MYSORE-NAGAMANGALA ROAD, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435. 2. SMT. M. K. BHANUMATHI D/O. LATE N. KADAIAH, W/O. VISHWESHWARAIAH, AGED ABOUT 42 YEARS, RESIDING AT NO.100, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29383 RSA No. 549 of 2018 ARALAHALLI VILLAGE, MYSORE-NAGAMANGALA ROAD, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435. 3. SMT. M. K. RAJESHWARI D/O. LATE N. KADAIAH, W/O. H. RAJESH, AGED ABOUT 40 YEARS, RESIDING AT NO.59, ARALAHALLI VILLAGE, MYSORE-NAGAMANGALA ROAD, PANDAVAPURA TALUK, MANDYA DISTRICT- 571 435. 4. SMT. K. THEJASHWINI D/O. LATE N. KADAIAH, W/O. M. K. LOKESH, AGED ABOUT 34 YEARS, RESIDING AT NO.80/11, 6TH STAGE, 5TH CROSS, K.R. LAYOUT, J. P. NAGARA, BANGALORE - 560 078. 5. SMT. M. K. DHAKSHYANI D/O. LATE N. KADAIAH, W/O. CHANDRU, AGED ABOUT 29 YEARS, RESIDING AT NO.100, ARALAHALLI VILLAGE, MYSORE-NAGAMANGALA ROAD, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 435. - 3 - HC-KAR NC: 2026:KHC:29383 RSA No. 549 of 2018 6. SMT. N. VANAJAKSHAMMA W/O. CHIKKAHOMBAIAH, D/O. LATE K. NINGAIAH, AGED ABOUT 69 YEARS, R/AT NO. 1668, 3RD CROSS, VIDYANAGAR, MANDYA TOWN - 571 401. 7. SMT. N. PANKAJAMMA W/O. S. KRISHNAPPA, D/O. LATE K. NINGAIAH, AGED ABOUT 65 YEARS, R/AT NO. 96/11, 23RD CROSS, K.R. LAYOUT, J. P. NAGAR, 6TH STAGE, BENGALURU - 560 078. 8. PRAMEELA KUMAR @ KANYAKUMARI D/O. LATE K. NINGAIAH, W/O. SITARAM, AGED ABOUT 61 YEARS, R/AT SRINIVASAPURA, UMAADAHALLI GATE, MANDYA TOWN - 571 401. 9. POULIN D'SOUZA @ PUSHPA W/O. LATE N. SHIVASHANKARA MURTHY, AGED ABOUT 53 YEARS, 10. S. DEEPAK S/O. LATE N. SHIVASHANKARA MURTHY, AGED ABOUT 32 YEARS, 11. S. ANWITHA D/O. LATE N. SHIVASHANKARA MURTHY, AGED ABOUT 24 YEARS, - 4 - HC-KAR NC: 2026:KHC:29383 RSA No. 549 of 2018 RESPONDENTS NO. 9 TO 11 ARE RESIDING C/O. H. P. SCHOOL, BONTHAGAHALLI, KASABA HOBLI, S.R. PATNA TALUK, MANDYA DISTRICT - 571 434. 12. N. MALIKARJUNA S/O. LATE K. NINGAIAH, AGED ABOUT 63 YEARS, RESIDING AT NO. 1668, 3RD CROSS, VIDYANAGAR, MANDYA TOWN - 571 401. …RESPONDENTS (BY SRI. A. LOURDU MARIYAPPA, ADVOCATE FOR R1 TO R5; SRI. KEMPANNA, ADVOCATE FOR R8; VIDE ORDER DATED 04.07.2024, NOTICE IS HELD SUFFICIENT IN RESPECT OF R9, R10 AND R11; VIDE ORDER DATED 05.06.2026, APPEAL STANDS DISMISSED AS AGAINST R6, R7 AND R12) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE ORDER DATED 12.8.2017 PASSED IN RA NO.46/2015 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 31.1.2012 PASSED IN OS NO.115/2003 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) MANDYA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:29383 RSA No. 549 of 2018 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant has filed a memo for withdrawal. The memo reads as under: "Appellant herein submits that the present appeal is filed challenging preliminary decree dated 31.01.2012 passed in O.S.No.115/2003 which is one partition, which got confirmed in RA No.46/2015. Notwithstanding pendency of this Regular Second Appeal, plaintiffs initiated Final Decree Proceedings in FDP No.21/2012. In the said Final Decree Proceedings share of appellants is duly indicated and Final Decree is drawn up after hearing the parties. Appellants claim for their share is duly satisfied in the aforesaid Final Decree Proceedings. Under these circumstances, the present appeal does not survive for consideration and as such the present appeal may kindly be dismissed as withdrawn in the interest of justice.” Placing the memo on record, appeal stands dismissed as withdrawn as settled out of Court. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 92