- 1 - HC-KAR CNR: KAHC010397602012 NC: 2026:KHC:47548 RSA No. 1797 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR SECOND APPEAL NO. 1797 OF 2012 (RES) BETWEEN: SMT. T.B. NANJAMMA, AGED 55 YEARS W/O. T.U. BALAKRISHNA, C/O. SMT. S.B. BOLLAMMA, SINGATHUR VILLAGE, CHETTIMANI POST, MADIKERI TALUK, KODAGU DISTRICT - 571 218. …APPELLANT (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND: 1. SRI. T.S. THIMMAIAH, AGED 66 YEARS S/O LATE T.S. SUBRAYA, R/AT NO.70, B. NARAYNAPURA, GURUREDDY LAYOUT, AKASHNAGAR, DOORVANINAGAR, BANGALORE-560016 2. SRI. T.S. RAGHAVAIAH AGED 67 YEARS S/O LATE SUBRAYA R/AT BUS STAND ROAD, NEAR AIYAPPA SWAMY TEMPLE, KUSHALNAGAR, TOWN AND POST - 571 234 Digitally signed by NAGARATHNA M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010397602012 NC: 2026:KHC:47548 RSA No. 1797 of 2012 3. SRI. T.S. POORNESH AGED 40 YEARS S/O T.S. SOMANNA R/AT NO.68, 1ST M BLOCK, RAJKUMAR ROAD, BANGALORE - 560 010 4. SRI. T.S. MAHESH S/O T.S. SOMANNA AGED 39 YEARS, R/AT NO.24/2, OPTIMA MOBILE SERVICE CENTRE, DR. RAJKUMAR ROAD, NEAR SUBRAMANYA POLICE STATION, RAJAJINAGAR, BANGALORE - 560 010 5. SRI. T.S. SOMANNA S/O LATE TEKKADA SUBRAYA AGED 51 YEARS R/AT KUMBALADALU VILLAGE, MURANADU POST, MADIKERI KODAGU DISTRICT - 571 252. …RESPONDENTS (BY SRI. V B SIDDARAMAIAH, ADVOCATE FOR R1-R4. SRI. M.P. SUBBAIAH, ADVOCATE FOR R5) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.06.2012 PASSED IN R.A.NO.16/2011 ON THE FILE OF THE DISTRICT JUDGE, KODAGU, MADIKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDERS DATED:20.01.2011 PASSED ON I.A.NO.1 IN EX.101/2000 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI. THIS RSA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010397602012 NC: 2026:KHC:47548 RSA No. 1797 of 2012 CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT The appellant has filed this Regular Second Appeal under Section 100 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), praying to set aside the judgment and decree dated 23.06.2012 passed by the learned District Judge, Kodagu - Madikeri, in R.A.No.16/2011 reversing the order dated 20.01.2011 passed in IA-1 in Execution Case No.101/2022 by the learned Senior Civil Judge, Madikeri. 2. Now, the learned counsel for the appellant has filed a memo for withdrawal of the appeal. The contents of the memo reads as under: "The Appellant Smt. T.B. Nanjamma submits that, she has compromised the above matter on the advise of the relatives and friends and entered with an agreement of sale of the property bearing Sy.No.48/1 at measuring of 5.00 acres of Paradeena Bane land out of 11.35 acres with coffee and pepper cultivation, situated at Hoddur village, Madikeri Taluk, Kodagu District bounded on the: East by : Property belong to Sri Thimmaiah & Raghavaiah, West by : Paisary Land, North' by : Road & Chettimada Nancy Basappa. South by : Property of Baduvanda Subramani, In favour of Sri. T.S. Somanna, for valuable consideration for an amount of Rs.35,00,000/-. - 4 - HC-KAR CNR: KAHC010397602012 NC: 2026:KHC:47548 RSA No. 1797 of 2012 2. The Appellant Smt. T.B. Nanjamma has received the entire sale consideration amount of Rs.35,00,000/- from the agreement Holder on the agreement dated 30-04-2026. The entire sale consideration amount is paid by Sri. T.S. Somanna on this 09th Day of June 2026 at Madikeri. 3. The appellant Smt. Nanjamma have the right to dispose the other properties allotted to her share at Kumbaladalu village may dispose at her will and her choice. 4. The appellant Smt. Nanjamma undertakes to support to the Mutation Proceedings at the Taluk Office or at Trail court either by way of filing Execution Petition or compromise Petition to the names of the Defendant/s herein. Wherefore the Appellant prays to withdraw the above appeal in the interest of justice and equity." 3. In view of the memo and considering the fact that the matter is settled out of the Court, the Regular Second Appeal is dismissed as withdrawn. Pending interlocutory applications, if any, shall stand dismissed. Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 60