- 1 - HC-KAR NC: 2025:KHC:33100 RSA No. 1015 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1015 OF 2022 (INJ-) BETWEEN: SRI L.C.JANARDHANA S/O LATE CHIKKANNA AGED ABOUT 59 YEARS OCC: AGRICULTURIST R/O BHAVANI RICE MILL ROAD LAKKAVALLI POST, TARIKERE TALUK CHIKKAMAGALUR DISTRICT-577228 …APPELLANT (BY SRI. GANAPATHI., ADVOCATE) AND: 1. B.O. RANGARAO @ G RANGARAJ S/O LATE B.O.GURAPPA AGED ABOUT 62 YEARS OCC: CONTRACTOR RESIDENT OF A.V.CAMP LAKKAVALLI POST, TARIKERE TALUK CHIKKMAGALURU DISTRICT-577228 2. B.O.MOHAN @ G.MOHAN S/O LATE B.O.GURAPPA AGED ABOUT 54 YEARS OCC: CONTRACTOR RESIDENT OF A.V.CAMP LAKKAVALLI POST, TARIKERE TALUK CHIKKMAGALURU DISTRICT-577228 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33100 RSA No. 1015 of 2022 3. B.O.VENAKTESH @ G.VENKATESH S/O LATE B.O.GURAPPA AGED ABOUT 52 YEARS OCC: CONTRACTOR RESIDENT OF A.V.CAMP LAKKAVALLI POST, TARIKERE TALUK CHIKKMAGALURU DISTRICT-577228 4. B.O.DASHARATHA @ G.DASHARATHA S/O LATE B.O.GURAPPA AGED ABOUT 52 YEARS OCC: CONTRACTOR RESIDENT OF A.V.CAMP LAKKAVALLI POST, TARIKERE TALUK CHIKKMAGALURU DISTRICT-577228 5. B.O.SHRIDHARA @ G.SHRIDHARA S/O LATE B.O.GURAPPA AGED ABOUT 51 YEARS OCC: CONTRACTOR RESIDENT OF A.V.CAMP LAKKAVALLI POST, TARIKERE TALUK CHIKKMAGALURU DISTRICT-577228 …RESPONDENTS RSA FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.02.2021 PASSED IN RA.NO.51/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TARIKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 08.09.2017 PASSED IN OS No.3/2013 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC AT TARIKERE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33100 RSA No. 1015 of 2022 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant filed a memo stating that this appeal is filed challenging the judgment and decree dated 08.09.2017 passed in O.S.No.3/2013 and the judgment dated 21.02.2017 passed in R.A.No.51/2017 and seeks permission to withdraw the appeal with liberty to file comprehensive suit for declaration in respect of the suit schedule property. 2. Memo is placed on record. Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE SSB