- 1 - HC-KAR NC: 2026:KHC:2663 RSA No. 1770 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR SECOND APPEAL NO. 1770 OF 2012 (DEC/INJ) BETWEEN: MS THERESA PINTO D/O D R PINTO AGED ABOUT 84 YEARS R/AT OPP CENTRAL GOV. HOTEL B M ROAD, SAKLESHPUR NOW PRESENTLY R/AT C/O AUDREY D SOUZA MARIA COTTAGE, PUMPWELL 1ST CROSS KANAKANADI POST, MANGALORE 575002 …APPELLANT (BY SRI. L S VENKATAKRISHNA., ADVOCATE) AND: 1. TIMOTHY CALLISTHUS PINTO (T.C. PINTO) DEAD BY LRS 1(A) LUCY E PINTO W/O LATE T.C. PINTO AGED ABOUT 69 YEAS R/O HEBBASALE AT AND POST SAKLESHPUR TALUK HASSAN DISTRICT-573201. 1(B) LANCY HAROLD PINTO S/O LATE T.C. PINTO AGED ABOUT 49 YEARS R/O ST. JOHNS CHURCH AREHALLI BELUR TALUK HASSAN DISTRICT-573201. Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2663 RSA No. 1770 of 2012 1(C) A B PINTO S/O LATE T.C. PINTO AGED ABOUT 47 YEARS R/O HEBBASALE AT AND POST SAKLESHPUR TALUK HASSAN DISTRICT-573201. 1(D) SHANTHI PINTO AGED ABOUT 44 YEARS W/O WILFRED DSOUZA D/O T.C. PINTO R/O DIAMOND ICE AND COLD STORAGE MNANGALORE -575001. 1(E) GEETHA PINTO AGED ABOUT 42 YEARS D/O T.C. PINTO R/O LOYAL CONVENT BETGERI, GADAG DISTRICT-582102. 1(F) PATCY PINTO D/O T.C. PINTO W/O AUDREY DSOUZA R/O MARIYA COTTAGE PUMP WELL, I CROSS MANGALORE-575001. 2. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL SAKLESHPUR-573134. …RESPONDENTS (BY SRI. B C VENKATESH., ADVOCATE FOR R1(A TO E) SRI. S MAHESH, ADVOCATE FOR R2: R1(F) IS SERVED ) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT & DECREE DATED: 21.4.2012 PASSED IN R.A.NO.40/2006 ON THE FILE OF ADDITIONAL DISTRICT JUDGE AND PRESIDING OFFICER, FAST TRACK COURT-1, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED: 19.4.2006 - 3 - HC-KAR NC: 2026:KHC:2663 RSA No. 1770 of 2012 PASSED IN OS.NO.127/1994 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.), HASSAN. TRAIL COURT DECREED THE SUIT.APPELLATE COURT DISMISSED THE APPEAL SUIT FOR DECLARATION, PARTITION, SEPARATE POSSESSION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. The learned counsel for the appellant has filed a memo dated 19.01.2026 seeking leave of this Court to withdraw the appeal. 2. The memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 91