- 1 - HC-KAR CNR: KAHC010300352023 NC: 2026:KHC:48580 RSA No. 1103 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1103 OF 2023 (POS) BETWEEN: 1. NITHYANANDA NAYAK AGED ABOUT 69 YEARS, S/O LATE MADLEGAR VENKATESH NAYAK, 2. VIDYA N NAYAK AGED ABOUT 63 YEARS, W/O NITHYANANDA NAYAK 3. VINEETH NAYAK AGED ABOUT 33 YEARS, 4. VEENA NAYAK AGED ABOUT 32 YEARS, APPELLANTS NO.3 AND 4 ARE CHILDREN OF NITHYANANADA NAYAK ALL ARE R/AT MANOOR VILLAGE KOTA, UDUPI TALUK …APPELLANTS (BY SRI. K. SHRIHARI, ADVOCATE) AND: 1. SMT GULABI SHENOY AGED ABOUT 81 YEARS W/O LATE PANDURANGA R SHENOY Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010300352023 NC: 2026:KHC:48580 RSA No. 1103 of 2023 2. POORNIMA SHENOY AGED ABOUT 58 YEARS 3. SAINATH SHENOY AGED ABOUT 45 YEARS RESPONDENTS NO.2 AND 3 ARE CHILDREN OF LATE PANDURANGA R SHENOY R/AT FLAT NO 1203, 12TH FLOOR, BUILDING NO.69, PANTNAGAR, GHATKOPAR EAST, MUMBAI - 75 …RESPONDENTS (BY SRI. HARISCHANDRA M., ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.04.2023 PASSED IN RA.NO.11/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AT KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.11.2016 PASSED IN O.S.NO.246/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KUNDAPURA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Memo filed along with the affidavit. Memo reads as under: - 3 - HC-KAR CNR: KAHC010300352023 NC: 2026:KHC:48580 RSA No. 1103 of 2023 "The undersigned counsel for appellants submit that teh Appellants do not with to continue the above appeal. To that effect, an affidavit sworn by Appellant No.1 is produced along with this memo. the court fee of Rs.6625/- may be ordered to be refunded. Hence, appellants may be permitted to withdrawn the same, in the interest of justice and equity." 2. Placing the memo on record, the appeal stands dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 10