- 1 - NC: 2025:KHC:16964 RFA No. 897 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 897 OF 2025 (DEC/INJ) BETWEEN: KADARA NARASAIAH SINCE DEAD BY HIS LRS., 1. MARAKKA, W/O LATE KADARA NARASAIAH, AGED ABOUT 75 YEARS, 2. VEERANNA@VEERAPPA, S/O LATE KADARA NARASAIAH, AGED ABOUT 50 YEARS, 3. LAKSHAMMA, D/O LATE KADARA NARASAIAH, AGED ABOUT YEARS, 4. NARASHIMAMURTHY, S/O LATE KADARA NARASAIAH, AGED ABOUT 45 YEARS, A-1 TO A-4 IS R/O KUDURAGERE VILLAGE, DASANAPURA HOBLI, NELAMANGALA-TQ, BENGALURU-RURAL DISTRICT – 562 162. …APPELLANTS (BY SRI. HALLI SHANTAPPA BASAPPA.,ADVOCATE) AND: 1. S. REVANNA S/O LATE SIDDALINGAPPA, AGED ABOUT 80 YEARS, R/O KUDURAGERE VILLAGE, DASANAPURA HOBLI, NELAMANGALA-TQ, BENGALURU-RURAL DISTRICT – 562 123. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:16964 RFA No. 897 of 2025 2. RAJANNA S/O LATE NARASAPPA, AGED ABOUT 70 YEARS, R/O KUDURAGERE VILLAGE, DASANAPURA HOBLI, NELAMANGALA-TQ, BENGALURU-RURAL DISTRICT – 562 123. 3. NARASHIMHAIAH, S/O LATE NARASAPPA, AGED ABOUT 68 YEARS R/O KUDURAGERE VILLAGE, DASANAPURA HOBLI, NELAMANGALA-TQ, BENGALURU-RURAL DISTRICT – 562 162. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.01.2005 PASSED IN OS NO.215/1997., ON THE FILE OF II ADDITIONAL CIVIL JUDGE (SR. DN.) BANGALORE RURAL DISTRICT, BANGALORE., DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo dated 22.04.2025, which reads as under: “It is respectfully prayed that the Hon’ble Court may kindly be pleased to permit the appellants to withdraw the appeal reserving liberty to file fresh appeal before the jurisdictional Court and direct the office to return c.c. of J/d, in the interest of justice and equity.” 2. The aforesaid memo is placed on record. - 3 - NC: 2025:KHC:16964 RFA No. 897 of 2025 3. The appeal is disposed of as withdrawn in terms of the aforesaid memo. Further, Office is directed to return all the documents back to the counsel for the appellants after retaining a photostat copy of the same, forthwith. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 41