- 1 - HC-KAR NC: 2026:KHC:29016 RSA No. 1612 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1612 OF 2022 (DEC/INJ) BETWEEN: SWAMY S/O. GADARI MANTAIAH AGED ABOUT 53 YEARS AGRICULTURIST R/AT HONAGANAHALLI VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571 455 …APPELLANT (BY SRI ANEPPANAVAR RAMESH BASETTEPPA, ADVOCATE) AND: 1. SRI MANJEGOWDA S/O. CHIKKEGOWDA AGED ABOUT 46 YEARS 2. SMT. SUNDARAMMA W/O. KUMAR AGED ABOUT 33 YEARS 3. SRI RAMESHA S/O. BOMMAIAH AGED ABOUT 48 YEARS 4. SRI SRINIVASA S/O. VENKATEGOWDA AGED ABOUT 48 YEARS Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29016 RSA No. 1612 of 2022 5. SRI VENKATESH S/O. KALIJAVARAIAH AGED ABOUT 52 YEARS 6. SRI KRISHNEGOWDA S/O. SINGRIGOWDA AGED ABOUT 58 YEARS 7. SMT. VELUMANI W/O. CHALUVARAJU AGED ABOUT 34 YEARS 8. SMT. SANNATHAYAMMA W/O. RAMESH AGED ABOUT 34 YEARS 9. SRI KRISHNA S/O. LATE BORALINGEGOWDA AGED ABOUT 55 YEARS RESPONDENT NOS.1 TO 9 ARE R/AT HONAGANAHALLI VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571 455 10. SRI K. M. MARISWAMIGOWDA S/O. HITTALAHATTI MARIGOWDA AGED ABOUT 85 YEARS R/AT KANIVEKOPPALU VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT-571 455 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.08.2022 PASSED IN R.A.NO.5031/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA) DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.06.2016 - 3 - HC-KAR NC: 2026:KHC:29016 RSA No. 1612 of 2022 PASSED IN O.S.NO.96/2011 ON THE FILE OF THE C/C PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., PANDAVAPURA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Memo of withdrawal is filed by learned counsel for the appellant. 2. Memo reads as under: "In the above said Appeal, the Appellant being aggrieved by the order dated 12.08.2022 and decree dated 12.08.2022 (decree signed on 27.08.2022) passed by the IIIrd Additional District & Sessions Judge, Mandya (sitting at Srirangapatna) in R.A.No.5031/2016 confirming the Judgement and Decree passed in O.S.No.96/2011 dated 07.06.2016 (decree signed 18.07.2016) passed by the Principal Senior Civil Judge & JMFC, Pandavapura, preferred the above said Appeal. The Appellant hereby submits that the present Appellant filed O.S.No.208/2004 against one Krishnegowda for permanent injunction in respect of the following schedule property (as stated in O.S.No.208/2004 in the schedule). The said suit was decreed in favour of the present Appellant (plaintiff in O.S.No.208/2004) by an order dated 30.08.2010. In pursuance of the said Judgement and Decree passed in O.S.No.208/2004 by the Civil Judge & JMFC, the name of present Appellant is entered in the Record of Right in respect of the schedule property in Sy.No46/4 (Old Sy.No.46:2P1) measuring 01 Acre 12 Guntas. - 4 - HC-KAR NC: 2026:KHC:29016 RSA No. 1612 of 2022 SCHEDULE PROPERTY All the piece and parcel of the land bearing Sy.No.46:2P1 (Sy.No.46/4) measuring 01 Acre 12 Guntas, Assessment :1.38 paise, situated at Honaganhalli Village, chinakurali Hobli, Pandavapura Taluk, and bounde on: East by : Mariswamygowdar's land and well and land of Boralingegowda, West by : Road and land of Boralingegowda and trees, North by : Road, South by : Land of Ningegowdar. At present, there is no dispute in respect of the above said schedule land, either by the Respondents herein in the above said Regular Second Appeal or by anybody. Therefore, the present Appellant is not interested to contest the above said Regular Second Appeal. Hence, the present Appellant may be permitted to WITHDRAW the above said Regular Second Appeal, in the interest of justice and equity. Hence, this Memo". 3. Placing the memo on record, appeal stand dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE GSR,List No.: 1 Sl No.: 37