- 1 - HC-KAR NC: 2025:KHC:38325 RSA No. 958 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.958 OF 2025 (INJ) BETWEEN: SRI VENKATARAYAPPA S/O LATE DYAVAPPA, AGED ABOUT 99 YEARS, R/AT KESHAVARA VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT-562102 …APPELLANT (BY SMT M.V.THANUJA, ADVOCATE) AND: SRI ACHAPPA S/O LATE PILLAPPA, AGED ABOUT 58 YEARS, R/AT KESHAVARA VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT-562 102 …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 20.03.2025 PASSED IN RA.NO.113/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 26.08.2023 PASSED IN O.S.NO.431/2015 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC AT CHIKKABALLAPURA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38325 RSA No. 958 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant files a memo which reads as under: “The appellant most respectfully submits that this Hon’ble Court has orally observed that there is a concurrent finding as to possession and since the issue regarding the change of survey number is disputed, the appellant respectfully prays to withdraw the above appeal with liberty to institute an independent suit for declaration of title and consequential relief of possession, in accordance with law, in interest of justice and equity.” 2. Placing the memo on record, appeal is dismissed as withdrawn. 3. However, since the remedy for getting an order of injunction is continuous cause of action, if fresh cause of action is available to the plaintiff, he may file fresh suit in accordance with law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 76