- 1 - HC-KAR NC: 2025:KHC:36226 RSA No. 1564 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 1564 OF 2015 (INJ) BETWEEN: SRI. S.T. SHIVARAMU, S/O. THIMMAIAH, AGED ABOUT 57 YEARS, R/O SUNDAHALLI VILLAGE, KOTHATHI HOBLI, MANDYA TALKUK & DISTRICT - 571 401 …APPELLANT (BY SRI. RAVI H.K., ADVOCATE) AND: 1. SMT. M.K. LALITHA, W/O PUTTASWAMY, AGED ABOUT 40 YEARS, R/O NEAR BEVINAKATTE, BESIDE KARASAVADI ROAD, HOSAHALLI, MANDYA CITY - 571 428 2. SMT. NINGAMMA, FIRST WIFE OF LATE DODDAPUTTEGOWDA, AGED ABOUT 64 YEARS 3. SRI. THIMMEGOWDA, S/O LATE DODDAPUTTEGOWDA, AGED ABOUT 42 YEARS 4. SMT. VIJAYAMMA, SECOND WIFE OF LATE DODDAPUTTEGOWDA Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36226 RSA No. 1564 of 2015 AGED ABOUT 40 YEARS, 5. SRI. SURESHA S/O LATE DODDAPUTTEGOWDA, AGED ABOUT 38 YEARS 6. SRI. SOMA, S/O LATE DODDAPUTTEGOWDA, AGED ABOUT 36 YEARS, RESPONDENTS NO.2 TO 6 ARE R/O KALENAHALLI VILLAGE, KOTHATHI HOBLI, MANDYA TALUK - 571 401 …RESPONDENTS (BY SRI. H.C. SHIVARAMU, ADVOCATE FOR R1) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 30.06.2015 PASSED IN RA.NO.37/2012 ON THE FILE OF THE II ADDL. SR. CIVIL JUDGE MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED: 11.06.2012 ON PASSED IN O.S.NO.132/2008 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) MANDYA. THIS RSA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:36226 RSA No. 1564 of 2015 ORAL JUDGMENT This appeal is preferred by the plaintiff assailing the judgment and decree dated 30.06.2015 in RA No.37/2012 on the file of II Additional Senior Civil Judge, Mandya, dismissing the appeal and confirming the judgment and decree dated 11.06.2012 in O.S.No.132/2008 on the file of the Additional Civil Judge and JMFC, Mandya, dismissing the suit of the plaintiff, with cost. 2. After arguing for sometimes, Sri Ravi. H.K, learned counsel appearing for the appellant, submitted along with the memo that the appellant be permitted to withdraw the appeal with liberty to file suit for declaration and such other remedies available to him in law. The said submission made by the learned counsel appearing for the appellant was opposed by Sri H.C.Shivaramu, learned counsel appearing for the respondents and he further submitted that, there is no objection with regard to withdrawal of the appeal with liberty, however, the finding - 4 - HC-KAR NC: 2025:KHC:36226 RSA No. 1564 of 2015 recorded by both the Courts below require to be confirmed in the present appeal. 3. In that view of the matter, since the appellant herein has originally filed the suit seeking permanent injunction and in view of the averments made in the written statement filed by the defendants, disputing the title of the plaintiff, I am of the view that, liberty be reserved to the appellant herein to file a fresh suit seeking relief of declaration in respect of the subject matter of the suit, if it is permissible under law, however, the findings recorded by the Courts below in the present proceedings are unaltered and are binding on the parties. 4. Accordingly, Regular Second Appeal is dismissed as withdrawn. Sd/- (E.S.INDIRESH) JUDGE SPV CT:VS List No.: 1 Sl No.: 48