- 1 - HC-KAR NC: 2026:KHC:29443 RSA No. 1078 of 2013 C/W RSA No. 1079 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1078 OF 2013 (MON) C/W REGULAR SECOND APPEAL NO. 1079 OF 2013 IN RSA No. 1078/2013: BETWEEN: 1. S. SHANKAR S/O LATE T. SHIVALINGAIAH AGED ABOUT 70 YEARS DOOR NO.1036, 8TH MAIN GOKULAM III STAGE MYSORE-570 002 SINCE DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVES 1(A) VIDYA SHANKAR W/O LATE S SHANKAR AGED ABOUT 69 YEARS R/AT NO.1036, 8TH MAIN 3RD STAGE, GOKULAM MYSORE-570002. 1(B) SUNITHA S W/O P R SURENDRA AGED ABOUT 49 YEARS R/AT NO.1036, 8TH MAIN 3RD STAGE, GOKULAM MYSORE-570002. 1(C) SANJAY S S/O LATE S SHANKAR AGED ABOUT 48 YEARS Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29443 RSA No. 1078 of 2013 C/W RSA No. 1079 of 2013 R/AT NO.1036, 8TH MAIN 3RD STAGE, GOKULAM MYSORE-570002. 1(D) ANITHA S S/O LATE S SHANKAR AGED ABOUT 47 YEARS R/AT No.1036, 8TH MAIN 3RD STAGE, GOKULAM MYSORE-570002. (A1(A) TO A1(D) CAUSE TITLE AMENDED VIDE COURT ORDER DATED 02.06.2026) …APPELLANTS (BY SRI. SHARATH S GOWDA, ADVOCATE FOR P’SD LR'S OF SOLE APPELLANT (A TO D)) AND: ALL INDIA INSTITUTE OF SPEECH AND HEARING NAIMISHAM CAMPUS MANASA GANGOTRI MYSORE-570 006 REPRESENTED BY ITS DIRECTOR. …RESPONDENT (BY SRI. M. UNNI KRISHNAN, ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 02.03.2013 PASSED IN R.A.NO.247/2012 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-IV, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 02.04.2012 PASSED IN OS.NO.763/2004 ON THE FILE OF II ADDITIONAL SENIOR CVIIL JUDGE, MYSORE. IN RSA NO. 1079/2013: BETWEEN: 1. S. SHANKAR S/O LATE T. SHIVALINGAIAH - 3 - HC-KAR NC: 2026:KHC:29443 RSA No. 1078 of 2013 C/W RSA No. 1079 of 2013 AGED ABOUT 70 YEARS DOOR NO.1036, 8TH MAIN GOKULAM III STAGE MYSORE-570 002 SINCE DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVES 1(A) VIDYA SHANKAR W/O LATE S SHANKAR AGED ABOUT 69 YEARS R/AT NO.1036, 8TH MAIN 3RD STAGE, GOKULAM MYSORE-570002. 1(B) SUNITHA S W/O P R SURENDRA AGED ABOUT 49 YEARS R/AT NO.1036, 8TH MAIN 3RD STAGE, GOKULAM MYSORE-570002. 1(C) SANJAY S S/O LATE S SHANKAR AGED ABOUT 48 YEARS R/AT NO.1036, 8TH MAIN 3RD STAGE, GOKULAM MYSORE-570002. 1(D) ANITHA S S/O LATE S SHANKAR AGED ABOUT 47 YEARS R/AT No.1036, 8TH MAIN 3RD STAGE, GOKULAM MYSORE-570002. (A1(A) TO A1(D) CAUSE TITLE AMENDED VIDE COURT ORDER DATED 02.06.2026) ...APPELLANTS (BY SRI. SHARATH S GOWDA, ADVOCATE FOR LR'S OF P’SD A1(A) TO A1(D)) - 4 - HC-KAR NC: 2026:KHC:29443 RSA No. 1078 of 2013 C/W RSA No. 1079 of 2013 AND: ALL INDIA INSTITUTE OF SPEECH AND HEARING NAIMISHAM CAMPUS, MANASA GANGOTRI MYSORE-570 006 REPRESENTED BY ITS DIRECTOR. ...RESPONDENT (RESPONDENT SERVED) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 13.02.2013 PASSED IN R.A.NO.246/2012 ON THE FILE OF PRESIDING OFFICER, C/c FAST TRACK COURT-III, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 2.4.2012 PASSED IN OS.NO.761/2004 ON THE FILE OF II ADDITIONAL SENIOR CVIIL JUDGE, MYSORE. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellants filed a memo for withdrawal stating that the second appeals are directed against a judgment and decree passed decreeing money suits. The original appellant was an employee of the respondent. Pursuant to filing of suit, major portion of the dues was recovered from terminal benefits of original appellant. Now that the original appellant died, the - 5 - HC-KAR NC: 2026:KHC:29443 RSA No. 1078 of 2013 C/W RSA No. 1079 of 2013 respondent is not pursuing to recover the decreetal amount, and the appellant is also not pursuing his counter claim filed on the Court that dues could not have been recovered by withholding portion of terminal benefits. In this light of the matter, prays to dismiss the appeals as withdrawn. 2. The memo is placed on record. 3. Accordingly, the appeals are dismissed as withdrawn. Pending IA(s), if any, stands disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS