- 1 - NC: 2025:KHC:12240 RFA No. 385 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 385 OF 2020 (DEC/INJ) BETWEEN: 1. SRI. R.MUNIYAPPA S/O SRI RAMAIAH, AGED ABOUT 45 YEARS, RESIDING AT HONNENAHALLI VILLAGE, YELAHANKA, BANGALORE NORTH TALUK, BANGALORE-560 054. 2. SRI. ANANDARAMA REDDY S/O LATE MALLAPPA REDDY, AGED ABOUT 53 YEARS, RESIDING AT HONNENAHALLI VILLAGE, YELAHANKA, BANGALORE NORTH TALUK, BANGALORE-560 054. …APPELLANTS (BY SRI. HARISH KUMAR M S.,ADVOCATE) AND: 1. H.C.RAMACHANDRA REDDY S/O CHIKKAMUNIYAPPA, AGED ABOUT 65 YEARS, R/AT HONENAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK- 560 054. 2. SRI.RAJANNA S/O LATE HANUMANTHAPPA, AGED ABOUT 53 YEARS, 3. SRI. CHIKKAMUNIYAPPA S/O LATE BYANA, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12240 RFA No. 385 of 2020 AGED ABOUT 48 YEARS, BOTH 2 & 3 ARE MAJOR IN AGE AND RESIDING AT HONNENAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK- 560 054. 4. THE STATE OF KARNATAKA REP. BY ITS SECRETARY/COMMISSIONER, REVENUE DEPARTMENT, M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 009. 5. THE TAHSILDAR BANGALORE NORTH TALUK, KEMPEGOWDA ROAD, BANGALORE-560 009. …RESPONDENTS (BY SRI.C SHANKAR REDDY, ADVOCATE FOR R1, SRI. PARVAIAH,ADVOCATE FOR R3, R2 SERVED BUT UNREPRESENTED, SMT. AZRA J DUNDGE, AGA FOR R4 AND R5) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.07.2008 PASSED ON O.S.NO.434/1997 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (SR.DN) BANGALORE RURAL DISTRICT, BANGALORE, DECREEING 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 - 3 - NC: 2025:KHC:12240 RFA No. 385 of 2020 ORAL JUDGMENT Learned counsel for the appellants has filed a memo for withdrawal, which reads as under: "In the above matter the appellants herein have challenged the judgment and decree passed in O.S.No.434/1997 on the file of I Additional Civil Judge (Sr.Dn), Bangalore Rural Court on the ground that the land in question was a Gomala land and the plaintiff based on the forged documents claimed the right, title and interest and in collusion with the defendants. However, during the pendency of the above appeal noticing the fact that the appellants were not a party to the original proceedings and they need to file a Public Interest Litigation in this regard the appellants have decided to withdraw the above appeal with a liberty to file the Public Interest Litigation before the Hon'ble High Court of Karnataka at Bangalore. Hence, the appellants herein may kindly be permitted to withdraw the above appeal with a liberty to approach the Hon'ble High Court of Karnataka in a public interest litigation in the interest of justice and equity". 2. In terms of the memo, subject to all just exceptions and defenses available to the respondents, the appeal is dismissed as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE AG:List No.: 1 Sl No.: 41