- 1 - HC-KAR NC: 2025:KHC:36461 RSA No. 1315 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1315 OF 2022 (INJ) BETWEEN: LATE RAMAKRISHNA REDDY SINCE DEAD BY HIS LEGAL HEIR SRI NADAMUNI REDDY S/O LATE RAMAKRISHNA REDDY AGED ABOUT 59 YEARS R/AT KALAVI HOSAHALLI VILLAGE SUNDARAPALYA POST KYSAMBALLI HOBLI BANGARPET TALUK KOLAR DISTRICT - 563 121 …APPELLANT (BY SRI. CHANDRASHEKAR P., ADVOCATE) AND: 1. SRI.VENUGOPAL REDDY B M S/O SRI MALLAREDDY AGED ABOUT 56 YEARS RESIDENT OF MAJARA BUDIDIMITTA @ BUDADAMITTA VILLAGE KYSAMBALLI HOBLI BANGARPET TALUK KOLAR DISTRICT 563 121 2. SMT INDIRAMMA D/O LATE RAMAKRISHNA REDDY AGED ABOUT 57 YEARS RESIDENT OF KALAVI Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36461 RSA No. 1315 of 2022 3. SMT CHANDARMMA D/O LATE RAMAKRISHNA REDDY AGED ABOUT 55 YEARS 4. SRI VASUDEVA REDDY S/O LATE RAMAKRISHNA REDDY AGED ABOUT 52 YEARS 5. SMT MANJULAMMA D/O LATE RAMAKRISHNA REDDY AGED ABOUT 47 YEARS RESPONDENTS NO.2 TO 5 ARE RESIDENTS OF KALAVI HOSAHALLI VILLAGE KYSAMBALLI HOBLI BANGARPET TALUK KOLAR DISTRICT - 563 121 …RESPONDENTS (BY SRI. P. MAHESHA, ADVOCATE FOR R1 VIDE ORDER DATED 17.12.2024, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.06.2022 PASSED IN RA NO.139/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, K.G.F, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.11.2019 PASSED IN OS NO.441/2014 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE K.G.F. AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36461 RSA No. 1315 of 2022 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for some time, learned counsel for appellant files a memo. Memo reads as under: “The appellant aggrieved by the judgment and decree in RA No.139/2019 passed by the learned Senior Civil Judge and Principal JMFC KGF confirming the judgment and decree in O.S.441/2014 passed by the II Addl. Civil Judge and JMFC KGF has filed the present appeal. The appellant seeks leave of this Hon’ble Court to withdraw the appeal with liberty to file a comprehensive suit seeking for declaration in the interest of justice.” Placing the memo on record, appeal stands dismissed with liberty to file a suit for declaration about the title of the defendant and if the defendant were to establish the title in the intended suit, decree of injunction which is subject matter of this appeal, shall be subservient to such a decree. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 51