- 1 - NC: 2025:KHC:11820 RSA No. 234 of 2022 C/W RSA No. 622 of 2022 RSA No. 686 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 234 OF 2022 (INJ) C/W REGULAR SECOND APPEAL NO. 622 OF 2022 (INJ) REGULAR SECOND APPEAL NO. 686 OF 2022 (INJ) IN RSA No. 234/2022 BETWEEN: 1. BALAJI SINGH S/O RAJA SINGH DEAD BY LRS SMT. PARVATHI BAI W/O LATE BALAJI SINGH AGED ABOUT 60 YEARS 2. RAVI SINGH S/O LATE BALAJI SINGH AGED ABOUT 38 YEARS BOTH ARE R/AT B. SEEHALLI VILLAGE BANNUR HOBLI, T. NARASIPURA TALUK MYSORE DISTRICT-571 110. 3. NANDINI BAI D/O LATE BALAJI SINGH W/O DHARMENDRA SINGH AGED ABOUT 36 YEARS R/AT 24/5A, RAJENDRA NAGARA MAIN ROAD, MYSURU-57007. …APPELLANTS (BY SRI. K.N. NITISH, ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11820 RSA No. 234 of 2022 C/W RSA No. 622 of 2022 RSA No. 686 of 2022 AND: SRI ARASEGOWDA @ CHIKKANNA S/O LATE SANNEGOWDA AGED ABOUT 54 YEARS R/AT B. SEEHALLI VILLAGE BANNUR HOBLI, T. NARASIPURA TALUK MYSORE DISTRICT-571 110. …RESPONDENT (BY SRI. P.N.RAJESWARA, ADVOCATE) THIS RSA FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.10.2021 PASSED IN RA.No.15/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, T.NARASIPURA, ALLOWING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.03.2020 PASSED IN OS No.183/2008 ON THE FILE OF THE CIVIL JUDGE AND JMFC, T.NARASIPURA. IN RSA NO. 622/2022 BETWEEN: SRI. ARASEGOWDA @ CHIKKANNA AGED ABOUT 55 YEARS S/O LATE SANNEGOWDA R/AT B. SEEHALLI VILLAGE BANNURU HOBLI T. NARASIPURA TALUK-571 124. ...APPELLANT (BY SRI. P.N.RAJESWARA, ADVOCATE) - 3 - NC: 2025:KHC:11820 RSA No. 234 of 2022 C/W RSA No. 622 of 2022 RSA No. 686 of 2022 AND: 1. SRI. NAGARAJU AGED ABOUT 48 YEARS 2. SRI. HUCHEGOWDA AGED ABOUT 46 YEARS 3. SRI. YOGESH AGED ABOUT 35 YEARS 4. SRI. KRISHNEGOWDA AGED ABOUT 33 YEARS 5. SRI. KODIGOWDA AGED ABOUT 31 YEARS 1 TO 5 ARE ALL S/O OF UDDAMANTI SANNEGOWDA AND ALL ARE R/AT B.SEEHALLI VILLAGE BANNUR HOBLI T.NARASIPURA TALUK-571 124. ...RESPONDENTS (BY SRI. K.N.NITISH, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.10.2021 PASSED IN RA.No.17/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, T. NARASIPURA, MYSURU, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 04.03.2020 PASSED IN OS No.183/2008 ON THE FILE OF THE CIVIL JUDGE AND JMFC, T.NARASIPURA. - 4 - NC: 2025:KHC:11820 RSA No. 234 of 2022 C/W RSA No. 622 of 2022 RSA No. 686 of 2022 IN RSA NO. 686/2022 BETWEEN: SRI. ARASEGOWDA @ CHIKKANNA S/O LATE SANNEGOWDA AGED ABOUT 55 YEARS R/AT B. SEEHALLI VILLAGE BANNURU HOBLI, T. NARASIPURA TALUK PIN-571 124. ...APPELLANT (BY SRI. P.N.RAJESWARA, ADVOCATE) AND: 1. SRI.NAGARAJU AGED ABOUT 48 YEARS 2. SRI. HUCHEGOWDA AGED ABOUT 46 YEARS 3. SRI. YOGESH AGED ABOUT 35 YEARS 4. SRI. KRISHNEGOWDA AGED ABOUT 33 YEARS 5. SRI. KODIGOWDA AGED ABOUT 31 YEARS 1 TO 5 ARE ALL S/O UDDAMANTI SANNEGOWDA AND ALL ARE R/AT B.SEEHALLI VILLAGE BANNUR HOBLI T. NARASIPURA TALUK PIN-571 124. SRI. BALAJI SINGH S/O RAJA SINGH DEAD BY LEGAL REPRESENTATIVES - 5 - NC: 2025:KHC:11820 RSA No. 234 of 2022 C/W RSA No. 622 of 2022 RSA No. 686 of 2022 6. PARVATHI BAI W/O LATE BALAJI SINGH AGED ABOUT 59 YEARS 7. RAVI SINGH S/O LATE BALAJI SINGH AGED ABOUT 39 YEARS BOTH ARE R/AT B.SEEHALLI VILLAGE BANNUR HOBLI T. NARASIPURA TALUK PIN-571 124. 8. NANDINI BAI D/O LATE BALAJI SINGH W/O DHARMENDRA SINGH R/AT 24/5A, RAJENDRA NAGARA MAIN ROAD, MYSURU-570 007. ...RESPONDENTS (BY SRI. K.N. NITISH, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 07.10.2021 PASSED IN RA.No.16/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, T NARASIPURA, MYSORE, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 04.03.2020 PASSED IN OS No.183/2008 ON THE FILE OF THE CIVIL JUDGE AND JMFC, T. NARASIPURA. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI - 6 - NC: 2025:KHC:11820 RSA No. 234 of 2022 C/W RSA No. 622 of 2022 RSA No. 686 of 2022 ORAL JUDGMENT Learned counsel for the appellant in RSA No.622/2022 c/w.686/2022 has filed a memo for withdrawal of the appeals. It is stated that the appellant may be permitted to withdraw the appeals with a liberty to assail, carving out of Sy.No.507 in favour of respondents No.1 to 5, old Sy.No.296 of B.Seehalli Bannur Hobli, T.Narasipura Taluk, and also to get the appellant’s land in block No.38, in Sy.No.296, demarcated by the pucca podi before the competent revenue and survey authorities and to file a fresh suit. 2. The Memo is placed on record. The appeals- RSA No.622/2022 c/w.686/2022 are dismissed as withdrawn with the aforesaid liberty. 3. The appellants in RSA No.234/2022 have filed a memo stating that the legal representatives of defendant No.6 seeks leave of the Court to withdraw their counter claim with liberty to move the revenue/survey authorities for getting pakka phodi durasth work concerning their land - 7 - NC: 2025:KHC:11820 RSA No. 234 of 2022 C/W RSA No. 622 of 2022 RSA No. 686 of 2022 in Sy.No.296, block No.6, measuring one acre of T.Narasipura Taluk, Bannur Hobli, B.Seehalli Village and also with liberty to file a fresh suit before the Competent Civil Court, seeking appropriate relief including the one for permanent injunction or declaration of title with consequential relief. 4. The Memo is placed on record. 5. The appeal in RSA No.234/2022 is dismissed as withdrawn. In view of the dismissal of the appeals, pending I.As if any, do not survive for consideration, and are accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE rs List No.: 1 Sl No.: 24