- 1 - HC-KAR CNR: KAHC010258362024 NC: 2026:KHC:45478 RSA No. 735 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 735 OF 2024 (PAR) BETWEEN: SMT SHANTHA BAI W/O LOKANATHA RAO AND D/O BHAVANI BAI, AGED ABOUT 48 YEARS, R/O MARGADHANA HALLI VILLAGE, GOWDAGERE HOBLI, HUNASOOR TALUK, MYSURU DISTRICT PIN - 571 610. …APPELLANT (BY SRI. KARTHIK S. TAYUR, ADVOCATE) AND: 1. SHARADA BAI DEAD BY HER LRS SMT DIVYASHREE A UTTARKAR W/O ANAND M UTTARKAR AND D/O SHARADA BAI, AGED ABOUT 30 YEARS, R/O NEAR NANDINI MEDICALS, TARIKERE ROAD, BHADRAVATHI, SHIVAMOGGA DISTRICT, PIN - 577 301 Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010258362024 NC: 2026:KHC:45478 RSA No. 735 of 2024 2. SMT NAGASHREE S. D/O SREENIVASA RAO AND SHARADA BAI AGED ABOUT 32 YEARS R/O B.H. 1ST CROSS, JOSEPH NAGAR BESIDES GIRYAS, BHADRAVATHI, SHIVAMOGGA DISTRICT, PIN - 577 301. 3. MISS SAVITHRI BAI D/O. HANUMANTHA RAO, AGED ABOUT 68 YEARS, R/O. JOSEPH NAGARA, NEAR MEENAKSHI BHAVANA SHIVAMOGGA. 4. SRI. LOKESH RAO S/O. LATE BHAVANI BAI, AGED ABOUT 54 YEARS, C/O. ANANTHA RAO, BP BARS, CHIKKA HUNSOOR, HUNASOOR TALUK, MYSORE DISTRICT. 5. GANESH RAO S/O BHAVANI BAI, AGED ABOUT 52 YEARS, C/O ANANTHA RAO, BP BARS, CHIKKA HUNSOOR, HUNASOOR TALUK, MYSORE DISTRICT. 6. SRI GAJENDRA S/O ANANTHA RAO AND BHAVANI BAI - 3 - HC-KAR CNR: KAHC010258362024 NC: 2026:KHC:45478 RSA No. 735 of 2024 AGED ABOUT 48 YEARS, C/O ANANTHA RAO, BP BARS, CHIKKA HUNSOOR, HUNASOOR TALUK, MYSORE DISTRICT. …RESPONDENTS (BY SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R2 R3 DECEASED R1, R4 TO R6 ARE SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.07.2023 PASSED IN RA NO.73/2019 ON THE FILE OF I ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.11.2018 PASSED IN OS NO.189/2016 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo. Memo reads as under: "I, Sri. Karthik S. Tayur, Advocate for the Appellant humbly submit as below: - 4 - HC-KAR CNR: KAHC010258362024 NC: 2026:KHC:45478 RSA No. 735 of 2024 It is submitted that in view of the observations made by the First Appellate court reserving the right of all parties to urge equities before the Final decree Court, the Appellant may be permitted to withdraw the appeal." Placing the memo on record, the appeal stands dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 73