- 1 - HC-KAR NC: 2026:KHC:26394 RSA No. 2139 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2139 OF 2021 (INJ) BETWEEN: SRI H MANJAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 68 YEARS AGRICULTRUIST R/O HONNAVILE VILLAGE BIDARE POST, NIDIGE HOBLI SHIMOGA TQ AND DIST - 577 201 …APPELLANT (BY SRI. MOHAN KUMAR T., ADVOCATE) AND: SRI KRISHNAPPA S/O LATE KENCHAIAH AGED 63 EYARS R/O NAVULE, KALLUR VILLAGE BASAVAPURA, KALLURU VILLAGE BIDARE POST, NIDGIE HOBLI SHIMOGA TQ AND DIST RPE BY GPA HOLDER SRI YOGESH S/O KRISHNAPPA GED ABOUT 21 YEAS R/O NAVULE, KALLURU VILLAGE BASAVAPURA, KALLUR VILLGE BIDARE POST, NIDIGE HOBLI SHIMOGA TQ AND DIST …RESPONDENT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26394 RSA No. 2139 of 2021 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.02.2021 PASSED IN RA.NO.53/2019 ON THE FILE OF THE II ADDL. SERNIOR CIVIL JUDGE AND JMFC., SHIVAMOGGA . DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.04.2019 PASSED IN O.S.NO.883/2010 ON THE FILE OF THE IV ADDL. CIVIL JUDGE AND JMFC., SHIVAMOGGA. 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. Memo reads as under : "The proposed legal representatives of the appellant in the above case may be permitted to withdraw the above appeal with liberty to file suit for the fresh cause of action in accordance with law. Hence, this memo in the interest of justice and equity." - 3 - HC-KAR NC: 2026:KHC:26394 RSA No. 2139 of 2021 Placing the memo on record, the appeal stands dismissed as not pressed with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 56