- 1 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1821 OF 2017 (DEC/INJ-) C/W REGULAR SECOND APPEAL NO. 1822 OF 2017 REGULAR SECOND APPEAL NO. 1823 OF 2017 IN RSA No. 1821/2017 BETWEEN: RAJASHEKARAIAH S/O LATE RANGAPPA AGED ABOUT 68 YEARS AGRICULTURIST R/O MAKAVALLYPALYA RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK – 572 201 TUMAKURU DISTRICT …APPELLANT (BY SRI UMESH MOOLIMANI AND SRI. S V PRAKASH, ADVOCATES) AND: 1. SHANKARAPPA S/O THAMMAIAH AGED ABOUT 47 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI, TIPTURU TALUK - 572201 TUMAKURU DISTRICT 2. MURTHAPPA S/O HANUMAIAH Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 AGED ABOUT 50 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK -572 201 TUMAKURU DSITRICT 3. MALLAIAH S/O HANUMAIAH, AGED ABOUT 49 YEARS R/O CHIKKAKOTTIGENAHALLY, RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK - 572201 TUMAKURU DISTRICT 4. LINGARAJU S/O THAMMAIAH, AGED ABOUT 41 YEARS R/O MADENURU, KASABA HOBLI, TIPTUR TALUK 572201 TUMAKURU DISTRICT 5. CHITTAIAH S/O ALLAJJA, R/O MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTURU TALUK, TUMAKURU DISTRICT - 572201 6. MAHALINGAIAH S/O BUDDAGIRIYAPPA AGED ABOUT 49 YEARS R/O MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT – 572 201 …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 (BY SRI. SRINIVAS V, ADVOCATE FOR R1; VIDE ORDER DATED 01.03.2023, NOTICE TO R2 AND R3 HELD SUFFICIENT; SRI D.L.JAGADEESH, SR. ADVOCATE FOR SMT.RAKSHITHA.D.J A/W ANJANA A.V, ADVOCATES FOR R4; VIDE ORDER DATED 01.06.2026 NOTICE TO R3, R5 AND R6 DISPENSED WITH) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 22.04.2017 PASSED IN R.A.NO.14/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.11.2013 PASSED IN O.S.NO.176/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., TIPTUR AND C/C OF ADDITIONAL CIVIL JUDGE AND JMFC., TIPTUR. IN RSA NO. 1822/2017 BETWEEN: SMT. IN RSA NO. 1822/2017 BETWEEN: SMT. LAKSHMAMMA W/O LATE RANGAPPA, AGE : 79 YEARS OCC:AGRICULTURE R/O MAKAVALLY PALYA, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLY TALUK-577 101 TUMKUR DISTRICT ...APPELLANT (BY SRI UMESH MOOLIMANI AND SRI. S V PRAKASH, ADVOCATES) AND: 1. SHANKARAPPA S/O THAMMAIAH AGED ABOUT 47 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI, - 4 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 TIPTURU TALUK - 572201 TUMAKURU DISTRICT 2. MURTHAPPA S/O HANUMAIAH AGED ABOUT 50 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK -572 201 TUMAKURU DSITRICT 3. LINGARAJU S/O THAMMAIAH, AGED ABOUT 41 YEARS GOLLARAHATTI R/O MADENURU, KASABA HOBLI, TIPTUR TALUK -572201 TUMAKURU DISTRICT 4. MALLAIAH S/O HANUMAIAH, AGED ABOUT 49 YEARS R/O CHIKKAKOTTIGENAHALLY, RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK - 572201 TUMAKURU DISTRICT 5. CHITTAIAH S/O ALLAJJA, AGED ABOUT 39 YEARS R/O MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTURU TALUK, TUMAKURU DISTRICT - 572201 6. MAHALINGAIAH S/O BUDDAGIRIYAPPA AGED ABOUT 49 YEARS R/O MADENURU GOLLARAHATTI, - 5 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 KASABA HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT – 572 201 …RESPONDENTS (BY SRI. SRINIVAS V, ADVOCATE FOR R1; SRI D.L.JAGADEESH, SR. ADVOCATE A/W SMT.ANJANA.A.V, ADVOCATE R3) THIS RSA IS FILED UNDER SECTION 100 OF CODE CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 22.04.2017 PASSED IN R.A.NO.44/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 08.07.2010 PASSED IN O.S.NO.174/2008 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, TIPTUR. IN RSA NO. 1823/2017 BETWEEN: 1. PRADEEP AGED ABOUT 36 YEARS S/O LATE. SHIVANNA, R/AT MAKUVALLIPALYA, SETTIKERE HOBLI CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT- 572 226 2. NAVEEN AGED ABOUT 34 YEARS S/O LATE SHIVANNA, R/AT MAKUVALLYAPALYA, RANGAPURA POST, KASABA HOBLI, TIPTURU TALUK -572201 TUMAKURU DISTRICT ...APPELLANTS (BY SRI UMESH MOOLIMANI FOR SRI S V PRAKASH, ADVOCATES) - 6 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 AND: 1. SHANKARAPPA S/O THAMMAIAH, AGED ABOUT 47 YEARS R/AT CHIKKAKOTTIGENAHALLY, RANGAPURA POST, KASABA HOBLI, TIPTURU TALUK -572201 TUMAKURU DISTRICT 2. MURTHAPPA S/O. HANUMAIAH, AGED ABOUT 50 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI TIPTURU TALUK – 572 201 TUMAKURU DISTRICT 3. MALLAIAH S/O. HANUMAIAH, AGED ABOUT 49 YEARS R/AT CHIKKAKOTTIGENAHALLY, RANGAPURA POST, KASABA HOBLI, TIPTURU TALUK - 572201 TUMAKURU DISTRICT 4. LINGARAJU S/O. THAMMAIAH, AGED ABOUT 41 YEARS R/O. MADENURU, KASABA HOBLI, TIPTURU TALUK - 572201. TUMAKURU DISTRICT 5. CHITTAIAH S/O. ALLAJJA, AGED ABOUT 39 YEARS - 7 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 R/O MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTURU TALUK – 572201 TUMAKURU DISTRICT. 6. MAHALINGAIAH S/O. BUDDAGIRIYAPPA, AGED ABOUT 49 YEARS R/O. MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTURU TALUK -572201. TUMAKURU DISTRICT ...RESPONDENTS (BY SRI D.L.JAGADEESH, SR. ADVOCATE FOR SMT.RAKSHITA.D.J A/W SMT.ANJANA.A.V, ADVOCATES FOR R4) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 22.04.2017 PASSED IN RA NO.38/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., TIPTUR DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.07.2010 PASSED IN O.S.NO.175/2008 ON THE FILE OF THE PRL.CIVIL JUDGE, TIPTUR. THESE APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 8 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 ORAL JUDGMENT Sri Umesh Moolimani, learned counsel for the appellant in RSA No.1821/2017 files memo signed by counsel for appellant and appellant as well. 2. Sri D.L. Jagadeesh, learned Senior counsel appearing on behalf of Smt. Rakshitha D.J., counsel for the respondent No.4 RSA No.1821/2017 is present. 3. Memo in RSA No.1821/2017 reads as under: “The above captioned regular second appeal arises out of and is Directed against the judgment and decree dated 22.04.2017 passed by the court of Senior Civil Judge and JMFC, Tiptur in R.A.No.14/2023 dismissing the suit filed by the appellant in reversal of the judgment and decree dated 07.11.2013 passed by the court of Additional Civil Judge, Tiptur in O.S.No.176/2008. The appellant now seeks leave of this Hon'ble Court to withdraw the present appeal with liberty to institute a fresh suit and to pursue the proceedings before the Deputy Commissioner, Tumakuru. In the aforesaid circumstances, it is respectfully prayed that this Hon'ble Court may be pleased to dismiss the appeal as withdrawn, reserving liberty to the appellant to avail such remedies as may be available under law, in the interest of justice.” - 9 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 4. Sri Umesh Moolimani, learned counsel for the appellant in RSA No.1822/2017 files memo signed by counsel for appellant, daughter of appellant namely, Gangamma and grand children of appellant namely, Pradeep S., and Naveen M.S. 5. Sri D.L. Jagadeesh, learned Senior counsel appearing on behalf of Smt. Rakshitha D.J., counsel for the respondent No.3 in RSA No.1822/2017 is present. 6. Memo in RSA No.1822/2017 reads as under: “The above captioned regular second appeal arises out of and is directed against the judgment and decree dated 22.04.2017 passed by the court of Senior Civil Judge and JMFC, Tipturr in R.A.No.38/2010 dismissing the suit filed by the appellant in reversal of the judgment and decree dated 03.07.2010 passed by the court of Additional Civil Judge, Tiptur in O.S.No.175/2008. During pendency of the above appeal the sole appellant breathed her last on 23.01.2024, leaving behind her legal heirs, namely her daughter Smt. Gangamma and her son Basavarajappa. It is further submitted that another son of the deceased appellant, namely Shivanna, had predeceased her on 10.10.1993, leaving behind his legal representatives, by - 10 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 name Pradeep M.S and Naveen M.S., who are entitled to represent his estate. The legal representative of the appellant now seeks leave of this Hon'ble Court to withdraw the present appeal with liberty to institute a fresh suit and to pursue the proceedings before the Deputy Commissioner, Tumakuru in the aforesaid circumstances, it is respectfully prayed that this Hon'ble Court may be pleased to dismiss the appeal as withdrawn, reserving liberty to the appellant to avail such remedies as may be available under law, in the interest of justice.” 7. Sri Umesh Moolimani, learned counsel for the appellants in RSA No.1823/2017 files memo signed by counsel for appellant and appellant Nos.1 and 2 as well. 8. Sri D.L. Jagadeesh, learned Senior counsel appearing on behalf of Smt. Rakshitha D.J., counsel for the respondent No.4 in RSA No.1823/2017 is present. 9. Memo in RSA No.1823/2017 reads as under: “The above captioned regular second appeal arises out of and is directed against the judgment and decree dated 22.04.2017 passed by the court of Senior Civil Judge and JMFC, Tipturr in R.A.No.38/2010 dismissing the suit filed by the appellant in reversal of the judgment and decree dated 03.07.2010 passed by the court of Additional Civil Judge, - 11 - HC-KAR NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017 Tiptur in O.S.No.175/2008. The appellants now seeks leave of this Hon'ble Court to withdraw the present appeal with liberty to institute a fresh suit and to pursue the proceedings before the Deputy Commissioner, Tumakuru In the aforesaid circumstances, it is respectfully prayed that this Hon'ble Court may be pleased to dismiss the appeal as withdrawn, reserving liberty to the appellant to avail such remedies as may be available under law, in the interest of justice.” 10. Placing the memos on record, RSA No.1821/2017, RSA No.1822/2017 and RSA No.1823/2017 stand dismissed as withdrawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 79