- 1 - NC: 2025:KHC:14923 RSA No. 2017 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 2017 OF 2016 (INJ) BETWEEN: SRI. VENKATARAMAPPA S/O LATE CHIKKA NARAYANAPPA AGED ABOUT 60 YEARS, R/AT VATRAKUNTE VILLAGE KASABA HOBLI BANGARPET TALUK KOLAR DISTRICT-563 114 …APPELLANT (BY SRI. S VISWESWARAIAH., ADV.) AND: SRI. PAPANNA S/O HANUMAPPA AGED ABOUT 50 YEARS R/AT DODDA HOSALA VILLAGE KASABA HOBLI, KOLAR TALUK KOLAR DISTRICT …RESPONDENT (BY SRI. RAGHAVAN P., ADV. FOR CAVEAT RESPONDENT) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.08.2016 PASSED IN RA NO.27/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL., JMFC., KGF., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.04.2006 PASSED IN OS NO.242/2004 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC., BANGARPET. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14923 RSA No. 2017 of 2016 CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawal stating that the appellant seeks leave of this Court to withdraw the appeal with liberty to file a fresh suit for declaration of title and other reliefs in respect of suit schedule property. 2. Memo is placed on record. 3. In view of the memo, the appeal is dismissed as withdrawn with aforesaid permission, if law permits. Sd/- (ASHOK S.KINAGI) JUDGE JS List No.: 1 Sl No.: 3