- 1 - HC-KAR NC: 2025:KHC:42038-DB RFA No. 538 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 538 OF 2018 (DEC/INJ) BETWEEN: 1. SRI NAGARAJU S/O LATE LENKAPPA AGED ABOUT 53 YEARS 2. SRI THIMMARAJU S/O LATE LENKAPPA AGED ABOUT 51 YEARS 3. SRI HANUMANTHAIAH S/O LATE LENKAPPA AGED ABOUT 49 YEARS 4. SRI RAMAKRISHNAIAH S/O LATE LENKAPPA AGED ABOUT 47 YEARS APPELLANTS NO.1 TO 4 ARE ALL RESIDING AT MARUTHI LAYOUT, VAJARAHALLI DHAKALE, KASABA HOBLI, NELAMANGALA TALUK-562 123 …APPELLANTS (BY SRI. V.F KUMBAR, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42038-DB RFA No. 538 of 2018 AND: 1. SHETTALLAPPA SINCE DEAD BY HIS LR'S SMT RANGAMMA W/O LATE SHETTALAPPA AGED ABOUT 68 YEARS, 2. SRI JAYARAMU S/O LATE SHETTALAPPA AGED ABOUT 51 YEARS 3. SRI GOVINDARAJU S/O LATE SHETTALAPPA AGED ABOUT 49 YEARS 4. SRI PRAKASH S/O LATE SHETTALAPPA AGED ABOUT 53 YEARS 5. SRI ANJINAPPA S/O LATE SHETTALAPPA AGED ABOUT 39 YEARS 6. SMT SOWBHAGYA W/O JAYARAMU AGED ABOUT 38 YEARS 7. SRI PUNEETH KUMAR S/O JAYARAMU AGED ABOUT 22 YEARS 8. SRI SHIVAKUMAR S/O JAYARAMU AGED ABOUT 21 YEARS RESPONDENTS NO.1 TO 8 ARE RESIDING AT BEHIND HIPPEANJANEYA SWAMY TEMPLE STREET, BETHANGERE ROAD, NELAMANAGALA TOWN-562 123 - 3 - HC-KAR NC: 2025:KHC:42038-DB RFA No. 538 of 2018 9. SRI A PILLAPPA S/O LATE ACHAPPA AGED ABOUT 50 YEARS R/AT HUADIGARA BEEDI, KASABA HOBLI, NELAMANGALA TOWN-562 123 10. SRI T GANGARAJU S/O LATE N.C THIMMAIAH AGED ABOUT 55 YEARS R/AT BETTANGERE ROAD NELAMANGALA TOWN-562 123 11. SRI N M VENKATESH S/O M M MARIYAPPA AGED ABOUT 44 YEARS R/AT MAHRASTRA STREET, ADEPET, NELAMANGALA TOWN-562 123 12. KUMARI MANJULA D/O GOVINDARAJU AGED ABOUT 17 YEARS 13. KUMARI RAMYA D/O GOVINDARAJU AGED ABOUT 15 YEARS 14. SMT RENUKAMMA W/O GOVINDARAJU AGED ABOUT 48 YEARS RESPONDENT NO.12 AND 13 ARE MINORS HENCE THEY ARE REPRESENTED BY THEIR MOTHER SMT. RENUKAMMA THE 14TH RESPONDENT. THE RESPONDENT NO. 12 TO 14 ARE RESIDING AT VAJARAHALLI VILLAGE KASABA HOBLI, NELAMANGALA TALUK-562 123 15. SRI ANJINAPPA S/O LATE HANUMAIAH AGED ABOUT 53 YEARS - 4 - HC-KAR NC: 2025:KHC:42038-DB RFA No. 538 of 2018 R/AT NARASIPURA VILLAGE SOMAPURA HOBLI NELAMANGALA TALUK-562 123 16. SMT SIDDAMMA W/O LATE SANJEEVAIAH AGED ABOUT 68 YEARS R/AT BETTINAGERE ROAD, NELAMANGALA TALUK-562 123 …RESPONDENTS (BY SRI. PUNEETH K, ADVOCATE FOR C/R1 TO R5, R9 & R11, R6, R7, R8, R10, R15, R16-SERVED UNREPRESENTED R12 & R13 ARE MINORS AND REPRESENTED BY R14) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.12.2017 PASSED IN O.S.NO.142/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 5 - HC-KAR NC: 2025:KHC:42038-DB RFA No. 538 of 2018 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the appellants has filed a memo dated 09.10.2025 for withdrawal of the appeal. 2. Having considered the memo and submissions, the appeal is dismissed as withdrawn. 3. The Registry shall consider the application for refund of the Court fee as per law. Pending Interlocutory Applications, if any, shall stand disposed of. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 26