- 1 - HC-KAR NC: 2026:KHC:30266 RSA No. 2203 of 2008 C/W RSA No. 2202 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.2203 OF 2008 (SP) C/W REGULAR SECOND APPEAL NO.2202 OF 2008 IN RSA NO.2203/2008: BETWEEN: 1. MUNITHOTLAPPA, S/O KARIBEERAPPA, AGED ABOUT 76 YEARS, RESIDENT OF HOSAPETE VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT-563101. …APPELLANT (SRI. MUNITHOTLAPPA, APPELLANT – ABSENT) AND: 1. K. MUNIYAPPA @ BARIK KONDAPPA, S/O KONDAPPA, AGED ABOUT 56 YEARS, HOSAPETE VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT-563101. …RESPONDENT (BY SRI. SHIVAYOGI B. HALLUR, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30266 RSA No. 2203 of 2008 C/W RSA No. 2202 of 2008 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 12.08.2008 PASSED IN R.A.NO.7/2003 ON THE FILE OF THE CIVIL JUDGE, (SR.DN) AND JMFC, CHINTAMANI, DISMISSING THE APPEAL AND UPHOLDING THE JUDGEMENT AND DECREE DATED 30.11.2002 PASSED IN O.S.NO.700/1996 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN), SIDLAGHATTA. IN RSA NO.2202/2008: BETWEEN: 1. MUNITHOTLAPPA, S/O KARIBEERAPPA, AGED ABOUT 76 YEARS. 2. BEERAPPA, S/O MUNITHOTLAPPA, AGED ABOUT 36 YEARS. BOTH ARE RESIDENTS OF HOSAPETE VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT. ...APPELLANTS (SRI. MUNITHOTLAPPA AND SRI. BEERAPPA, APPELLANTS – ABSENT) AND: 1. K. MUNIYAPPA @ BARIKAPPA, S/O KONDAPPA, AGED ABOUT 45 YEARS, HOSAPETE VILLAGE, JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT. - 3 - HC-KAR NC: 2026:KHC:30266 RSA No. 2203 of 2008 C/W RSA No. 2202 of 2008 2. SMT. PUTTABASAMMA, W/O LATE S. CHANNAVEERADEVARAPPA, AGED ABOUT 70 YEARS. 3. N. SHIVANANDA, S/O LATE S. CHANNAVEERADEVARAPPA, AGED ABOUT 56 YEARS. 4. C. SHIVAKUMAR, S/O LATE S. CHANNAVEERADEVARAPPA, AGED ABOUT 49 YEARS. 5. C. SHIVASHANKAR, S/O LATE S. CHANNAVEERADEVARAPPA, AGED ABOUT 46 YEARS. 6. C. UDAYASHANKAR, S/O LATE S. CHANNAVEERADEVARAPPA, AGED ABOUT 36 YEARS 7. SHIVAPRAKASH, S/O LATE S. CHANNAVEERADEVARAPPA, AGED ABOUT 30 YEARS. ALL ARE RESIDING AT SULIBELE VILLAGE, HOSAKOTE TALUK, BENGALURU DISTRICT-562114. ...RESPONDENTS (BY SRI. SHIVAYOGI B. HALLUR, ADVOCATE FOR R1; SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R2 TO R7) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 12.08.2008 PASSED IN R.A.NO.28/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND JMFC, CHINTAMANI, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DATED 15.02.2001 PASSED IN O.S.NO.346/1996 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN), SIDLAGHATTA. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:30266 RSA No. 2203 of 2008 C/W RSA No. 2202 of 2008 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellants has filed the memo of retirement and in the said memo of retirement, it is stated that appellant No.2 in R.S.A.No.2202/2008 (son of appellant No.1) has taken back the entire file and NOC. The appellant No.2 also acknowledges the receipt of the entire file and NOC on 10.08.2023. Hence, the learned counsel for the appellants is permitted to retire from the case. 2. In view of acknowledgment by the son of appellant No.1, who is an adult member of the family of the appellant and had the knowledge and inspite of taking the NOC on 10.08.2023, till date he has neither engaged any counsel nor appeared before the Court and hence, the appeals are dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 9