- 1 - HC-KAR NC: 2026:KHC:1212 RSA No. 2453 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR SECOND APPEAL NO. 2453 OF 2011 (INJ) BETWEEN: B P PARVATHI BAI W/O N PUNDALIKA RAO AGED ABOUT 80 YEARS M S ROAD, SHIKARIPURA SHIMOGA DISTRICT BY HER GPA HOLDER N PUNDALIKA RAO S/O LATE MANJAPPA AGED 87 YEARS R/AT M.S.ROAD, SHIKARIPURA TOWN SHIMOGA DISTRICT.577427 SINCE DEAD BY LR’S 1(A) N PUNDALIKA RAO S/O LATE MANJAPPA 89 YEARS 1(B) B P RAVINDRANATHA S/O N PUNDALIKA RAO, 50 YEARS R/AT NO.81/82, 8TH CROSS 1ST MAIN, MILK COLONY MALLESHWARAM WEST BANGALORE-55. 1(C) B P RAMAMANOHARA S/O N PUNDALIKA RAO, 45 YEARS R/O NO.3255, 5TH CROSS GAYATHRINAGAR BANGALORE-21. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1212 RSA No. 2453 of 2011 1(D) B P RADHAMANI D/O N PUNDALIKA RAO, 41 YEARS APPELLANTS NO.1(A) & 1(D) ARE R/AT M S ROAD SHIKARIPURA, SHIVAMOGGA DISTRICT. …APPELLANTS (BY SMT. KEERTHANA SWAMY, FOR SRI. T A KARUMBAIAH., ADVOCATE) AND: 1. PRASANNA S/O M D MANJUNATH AGED ABOUT 30 YEARS 2. D MANJUNATH S/O LATE VITOBHA RAO AGED ABOUT 60 YEARS BOTH ARE R/AT GAMAVILLAGE C/O SMT RATHNAMMA KARUR KADEKARI BESIDE SBM ROAD NOW R/AT DODDAKARI SHIKARIPURA, SHIMOGA DISTRICT. 3. VEENA W/O LATE S K SURESH AGED ABOUT 48 YEARS 4. MANJUSHREE D/O LATE S K SURESH AGED ABOUT 20 YEARS E3 & R4 ARE R/AT DODDAPETE SHIKARIPURA, SHIMOGA DISTRICT. 5. RATHNAMMA @ RATHNAMALA W/O LATE S K MANJUNATHAPPA AGED ABOUT 50 YEARS R/AT AMBEDKAR NAGARA SHIKARIPURA SHIMOGA DISTRICT - 3 - HC-KAR NC: 2026:KHC:1212 RSA No. 2453 of 2011 6. S K VIJENDRA RAO S/O KRISHNAPPA SHIGGAMKAR AGED ABOUT 58 YEARS NATIVE OS SHIKARIPURA NOW WORKING AS A CLERK OFFICE OF THE ASST. DIRECTOR OF AGRICULTURE SHIMOGA. …RESPONDENTS (BY SRI. K RAGHAVENDRA RAO, ADVOCATE FOR R2: R1,R3, R4 & R6 ARE SERVED AND UNREPRESENTED SERVICE OF NOTICE TO R5 IS HELD SUFFICIENT V/O DATED: 15.04.2015) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 1.7.2011 PASSED IN R.A.NO.367/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., ITINERARY SHIKARIPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 5.8.2006 PASSED IN O.S.NO.144/1997 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., SHIKARIPURA.TRIAL COURT DISMISSED THE SUIT, APPELLATE COURT DISMISSED THE APPEAL. THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 4 - HC-KAR NC: 2026:KHC:1212 RSA No. 2453 of 2011 ORAL JUDGMENT 1. The learned counsel for the appellants has filed a memo dated 11.12.2025 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.: 14