- 1 - HC-KAR NC: 2026:KHC:29801 RSA No. 1036 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1036 OF 2026 (PAR) BETWEEN: SRI RAJANNA S/O. LATE MUNIRANGAIAH, AGED ABOUT 77 YEARS, R/AT NO.13, 5TH CROSS, KATTRIGUPPE EAST, CHENNAMMANAKERE ACHUKATTU, BENGALURU - 560 085. …APPELLANT (BY SRI. YOGESH B. POJARI, ADVOCATE) AND: 1. SRI HARISH T L S/O LINGANNA T.C., AGED ABOUT 45 YEARS R/AT NO.279, 3RD B CROSS, 2ND BLOCK, 3RD STAGE, BASAVESHWARNAGAR, BANGALORE NORTH, BANGALORE - 560 079. 2. SRI. KARTHIKA M.N, W/O NAGESH M.K., AGED ABOUT 47 YEARS, R/AT NO.301, KONCEPT NAKSHATRA APARTMENT, 17TH CROSS, 2ND MAIN, NEAR ORCHIDS INTERNATIONAL SCHOOL, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29801 RSA No. 1036 of 2026 ANNAPOORNESHWARI NAGAR, BANGALORE NORTH, BENGALURU - 560 072. 3. SMT. H.R VIJAYALAKSHMI, W/O S.G. SURESH BABU, AGED ABOUT 40 YEARS, RA/T NO.316, 4TH CROSS, ANNAPOORNESHWARI TEMPLE, RHCS LAYOUT, ANINAPOORNESHWARI NAGARA, BANGALORE NORTH, VISWANEEDAM, BANGALORE - 560 091. 4. SMT. K. JYOTHI, W/O M.V. MURALI KRISHNA, AGED ABOUT 52 YEARS, R/AT. NO.54/1, 1ST CROSS, 4TH MAIN ROAD, RAMAMOHANA PURAM, SRIRAMPURAM, BENGALURU - 560 021. 5. SMT. ANUPAMA. Y. NANJAIAH, W/O NITIN KUMAR JAIN, AGED ABOUT 44 YEARS, R/AT D-1202, SALARPURIA MELODY ITI LAYOUT, 3RD PHASE MYSORE ROAD, PANTHARAPALYA, NAYANDAHALLI, BANGALORE SOUTH, BANGALORE - 560 039. 6. SRI. NITIN KUMAR JAIN, S/O SHYAM KUMAR JAIN, AGED ABOUT 44 YEARS, R/AT D-1202, SALARPURIA MELODY ITI LAYOUT. 3RD PHASE MYSORE ROAD, PANTHARAPALYA, - 3 - HC-KAR NC: 2026:KHC:29801 RSA No. 1036 of 2026 BANGALORE SOUTH, BANGALORE - 560 039. 7. SRI. MARIYAPPA, S/O.LATE. DODDAIAH, AGED ABOUT 75 YEARS, R/AT KODAGEHALLI, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU 8. SMT. JAYAMMA, W/O LATE. RANGAPPA, AGED ABOUT 62 YEARS, R/AT KODAGEHALLI, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU. 9. SRI. RAJANNA, S/O. LATE. DODDAIAH, AGED ABOUT 60 YEARS, R/AT KODAGEHALLI, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU. 10. SRI. CHIKKANNA, S/O LATE. DODDAIAH, AGED ABOUT 73 YEARS, R/AT KODAGEHALLI, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU. - 4 - HC-KAR NC: 2026:KHC:29801 RSA No. 1036 of 2026 11. SRI. CHOWADAPPA, S/O LATE MUDUGAIAH, AGED ABOUT 73 YEARS, R/AT KODAGEHALLI, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU. 12. SRI.NAGARAJ, S/O. LATE NAGAIAH, AGED ABOUT 70 YEARS, R/AT KODAGEHALLI, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU. 13. SRI. MUNIYAMMA, W/O. LATE. NAGAIAH, AGED ABOUT 92 YEARS, R/AT KODAGEHALLI, YESHWANTHPURA HOBLI, (RANGANATHA DRY CLEANER) OPP: MANJUNATH FABRICATIONS, BENGALURU NORTH TALUK, BENGALURU. 14. MALIKARJUN, S/O LATE CHANDRASHEKARAIAH, AGED ABOUT 70 YEARS. 15. SRI. PANCHAKSHARAIAH, S/O. LATE. CHANDRASHEKARAIAH, AGED ABOUT 70 YEARS, - 5 - HC-KAR NC: 2026:KHC:29801 RSA No. 1036 of 2026 16. SRI.ANANDAPPA, S/O LATE. CHANDRASHEKARAIAH, AGED ABOUT 66 YEARS, 17. SRI. UMESH, S/O LATE. CHANDRASHEKARAIAH, AGED ABOUT 56 YEARS. RESPONDENTS NO.14 TO 17 ARE R/AT KANNALLI VILLAGE, KODIGEHALLI POST, YESHWANTHAPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE-091. 18. SMT. B.M.LAKSHMI, W/O L. CHANDRASHEKAR, AGED ABOUT 46 YEARS, R/AT NO.12/2, 13TH CROSS, 8TH MAIN ROAD, MALLESHWARAM, BANGALORE - 560 003. 19. SRI. H.S. KRISHNASA, S/O. H.V. SUBBANNASA, AGED ABOUT 56 YEARS, R/AT NO.26/1. SHREEKANTESHWARA NILAYA FIRST FLOOR, 2ND 'A' CROSS, K.H.B. COLONY, BASAVESHWARANAGAR FIRST STAGE, BANGALORE - 560 079. 20. SRI.D.VENKATESH, S/O LATE. DASAPPA, AGED ABOUT 67 YEARS, R/AT NO.2, ANJANA NAGAR, MAGADI MAIN ROAD, BANGALORE - 560091. - 6 - HC-KAR NC: 2026:KHC:29801 RSA No. 1036 of 2026 21. SRI.G. GOPAL, S/O.LATE. GANGAPPA, AGED ABOUT 56 YEARS, R/AT NO.73, 16TH CROSS, 6 TEMPLE ROAD, MALLESHWARAM, BANGALORE - 560 003. …RESPONDENTS (BY SRI. ARAVIND N., ADVOCATE FOR C/R1 TO R6 SRI. NAGAIAH, ADVOCATE FOR C/R18) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.06.2026 PASSED IN RA NO.55/2024 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BENGALURU RURAL DISTRICT, BENGALURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 01.08.2009 PASSED IN O.S.NO.337/2005 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) BANGALORE RURAL DISTRICT, BANGALORE TRIAL COURT DECREED THE SUIT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo. Memo reads as under: - 7 - HC-KAR NC: 2026:KHC:29801 RSA No. 1036 of 2026 The appellant pray that this Hon'ble Court pleased to permit him to withdraw the above Appeal with liberty to file this Second Appeal in the interest of justice and equity." 2. Placing the memo on record, appeal is permitted to be withdrawn with liberty to file the appropriate proceedings. Ordered accordingly. 3. Office is directed to return certified copy of the records after keeping photocopy. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 26