- 1 - HC-KAR NC: 2026:KHC:4348 RSA No. 315 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 315 OF 2024 (PAR) BETWEEN: MR THILAK RAO S/O LATE VENKAT RAO, AGED ABOUT 48 YEARS, MAVINAKATTE HOUSE, CHENAITHODY VILLAGE AND POST, BANTWAL TALUK, D K. - 574 237. …APPELLANT (BY SRI. B.S. MAHENDRA, ADVOCATE) AND: 1. A. MURALIDHARA AGED ABOUT 56 YEARS, 2. A. SRIDHARA AGED ABOUT 55 YEARS, 3. A. KESHAVARAJ AGED ABOUT 52 YEARS, 4. A. RAJALAKSHMI AGED ABOUT 50 YEARS, 5. A. VADHIRAJA AGED ABOUT 46 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4348 RSA No. 315 of 2024 ABOVE ALL ARE CHILDREN OF LATE A. THIMMAPPAYYA, ALL ARE R/AT BLOCK NO. III, SITE NO. 551, KATIPALLA, MANGALURU, D K. - 575 030. SMT. SHANKARI SINCE DEAD BY LRS 6. LAXMI W/O LATE RAMESH RAO, D/O LATE SHANKARI, AGED ABOUT 69 YEARS, R/AT DOOR NO. 104/13, WINING SIDDI TOWERS, MALEGOEN STAND, NEAR ASHOKA THEATER, PANCHAVATI NASIK - 422 003. 7. VENUGOPALA RAO S/O LATE SHANKARI, AGED ABOUT 55 YEARS, R/AT DOOR NO. 53/V/F1/21/7, PATIL NAGAR, CIDEO 5TH NASIK - 422 008. 8. NAGESH RAO S/O LATE SHANKARI, AGED ABOUT 57 YEARS, R/AT BALAJI TEXTILES, SUNARAPATI DINDRGEL, ANNA DISTRICT, THAMILNADU - 524 304. 9. SMT. JANAKI W/O LATE KRISHNAMOORTHY, - 3 - HC-KAR NC: 2026:KHC:4348 RSA No. 315 of 2024 AGED ABOUT 78 YEARS, R/AT BAILUMANE COMPOUND, NEAR P.V.S KALKUNJU, MANGALURU DAKSHINA KANNADA - 575 003. 10. SMT. SARASWATHI W/O M.A. MADHAVA RAO, AGED ABOUT 70 YEARS, R/AT 721/58TH CROSS, II STAGE, KUMARASWAMY LAYOUT, BENGALURU- 560 078. 11. H.R. RAGHAVENDRA RAO AGED ABOUT 68 YEARS, 12. H.R. THIMMAPPAYYA AGED ABOUT 70 YEARS, 13. SRINIVASA AGED ABOUT 72 YEARS, 14. VARALAXMI AGED ABOUT 74 YEARS, 15. SMT. TULASI AGED ABOUT 76 YEARS, 16. SMT. CHANDRIKA AGED ABOUT 78 YEARS, NO. 9 TO 14 ARE CHILDREN OF LATE RAMACHANDRA RAO, AND R/AT 1-6-27/3/A, ROAD, NO. 37, (NEW NO 1-6-43) THIMAPPAYYA NILAYA, - 4 - HC-KAR NC: 2026:KHC:4348 RSA No. 315 of 2024 CHAITHANYAPURI COLONY, DILKUSH NAGAR, HYDERABAD, ANDRAPRADESH - 500 060. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.11.2023 PASSED IN RA NO.63/2019 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, D.K, MANGALURU., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.02.2019 PASSED IN OS NO.365/2012 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for appellant has filed a Memo stating that matter has been rendered infructuous, and therefore, Appeal may be dismissed as withdrawn. 2. Taking Memo on record, Appeal is dismissed as withdrawn. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 2 Sl No.: 27