- 1 - HC-KAR NC: 2026:KHC:8946 RSA No. 1591 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR SECOND APPEAL NO. 1591 OF 2012 (PAR-) BETWEEN: SRI A A DINESH S/O AJJIRANDA N APPAIAH AGED 54 YEARS DEPARTMENT OF POLICE ATTACHED TO VIDYARANYAPURA POLICE STATION 25/1A, 4TH MAIN, 5TH CROSS VINAYAKA NAGAR, MYSORE-12. …APPELLANT (BY SRI.P M GOPI, ADVOCATE) AND: 1. SRI A N CHINGAPPA S/O AJJIRANDA NANJUNDA MAJOR, KADAGADAL VILLAGE AND POST MADIKERI TALUK-571201 SINCE DEAD R2 IS TREATED AS LR’S OF R1. 2. SRI A C KUSHALAPPA S/O A N CHINGAPPA MAJOR, KADAGADAL VILLAGE AND POST MADIKERI TALUK …RESPONDENTS (BY SRI.T A KARUMBAIAH., ADVOCATE: R1 DEAD, R2 IS TREATED AS LR’S OF R1) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED: 28.5.2012 PASSED IN R.A.NO.15/2007 ON THE FILE OF AD-HOC Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8946 RSA No. 1591 of 2012 DISTRICT JUDGE & PRESIDING OFFICER, FAST TRACK COURT, KODAGU, MADIKERI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED: 23.2.2007 PASSED IN OS.NO.83/2000 ON THE FILE OF CIVIL JUDGE (SR.DN.), MADIKERI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo dated 13.02.2026 seeking permission to withdraw the appeal with liberty to file a suit, if law permits. 2. The memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn, with liberty to the appellant–plaintiff to file a suit, if law permits. 4. All pending I.As., if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 28