- 1 - HC-KAR NC: 2026:KHC:25596 RSA No. 2428 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2428 OF 2017 (RES) BETWEEN: 1. SRI. M. RANGASWAMY S/O LATE MARAIAH AGED ABOUT 52 YEARS R/AT NAYAKA STREET CHAMUNDI HILLS MYSURU TALUK-570 005. …APPELLANT (BY SRI. A. MADHUSUDHANA RAO, ADVOCATE) AND: 1. SMT. GOWRAMMA W/O B.SUBBAIAH AGED ABOUT 77 YEARS R/AT NAYAKA STREET CHAMUNDI HILLS MYSURU TALUK-570 005. 2. SRI. LAKSHMINARAYANA S/O LATE MARAIAH AGED ABOUT 45 YEARS R/AT NAYAKA STREET CHAMUNDI HILLS MYSURU TALUK-570 005. …RESPONDENTS (BY SRI. N. VAGEESH, ADVOCATE FOR C/R) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25596 RSA No. 2428 of 2017 THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.8.2017 PASSED IN RA NO.93/2017 (OLD RA NO.197/2016) ON THE FILE OF THE III ADDL. DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.8.2016 PASSED IN OS NO.117/2009 ON THE FILE OF THE II CIVIL JUDGE AND JMFC, MYSURU, TRIAL COURT DECREED THE SUIT. APPELLATE COURT DISMISSED THE APPEAL, THE SUIT FOR POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 02.06.2026 seeking withdrawal of the appeal. 2. The memo reads as under: “The subject matter of the above Regular Second Appeal is the Wooden Bunk Shop No.4, measuring 8 ft. X 10 ft. situated at Chamundi Hills, Notified Area, Mysuru Taluk ("Suit Schedule Property"). As per instructions, the said shop structure has since been demolished and no longer exists. In view of the demolition of the Suit Schedule Property, the subject matter of the appeal has ceased to exist and the appeal does not survive for adjudication. As such it is prayed that the - 3 - HC-KAR NC: 2026:KHC:25596 RSA No. 2428 of 2017 appeal may be dismissed as withdrawn for having become infructuous." 3. In view of the memo filed, the appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE NBM List No.: 2 Sl No.: 15