- 1 - HC-KAR NC: 2026:KHC:32032 RSA No. 1536 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1536 OF 2022 (PAR) BETWEEN: SHRI. ARJUNSA PAWAR SON OF LATE KASHINATHSA PAWAR AGED ABOUT 59 YEARS, R/A NO. 45, MAJJIGE LAYOUT BEHIND ST. MARIS CONVENT HARIHARA TOWN DAVANAGERE DISTRICT - 577 601. …APPELLANT (BY SRI. PRADEEP J.S, ADVOCATE) AND: 1. SMT. KAMALA BAI W/O YELLAPPA DONGADI AGED ABOUT 75 YEARS, R/O DOLLARS COLONY, GOKUL ROAD HUBBALLI - 580 030. 2. SMT. NAGARTNA BAI W/O KRISHNASA KABADI AGED ABOUT 63 YEARS, R/O DURGADEVI TEMPLE ROAD HIREKERUR TOWN HAVERI DISTRICT - 581 111. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32032 RSA No. 1536 of 2022 3. SMT. SAVITHRI BAI W/O NAGOSA NDIRANJAN AGED ABOUT 61 YEARS, R/O NO. 21, ANCHITAGERE STREET HUBBALLI - 580 028. 4. NINGUSA PAWAR S/O NAGAPPA PAWAR AGED ABOUT 68 YEARS R/O MARATA STREET HARIHARA TOWN DAVANAGERE DIST - 577 601. 5. KRISHNASA PAWAR S/O NAGAPPA PAWAR AGED ABOUT 65 YEARS, R/A D NO 3385/40, II MAIN II CROSS, BANASHANKARI LAYOUT VINAYAKA NAGAR, DAVANAGERE - 577 005. RAMACHANDRASA PAWER SINCE DEAD BY LEGAL HEIRS 6. SMT. SUNITHA BAI W/O RAMACHANDRASA PAWAR AGED ABOUT 50 YEARS, HOUSEMAKER 7. THEJAS PAWAR S/O RAMACHANDRASA PAWAR AGED ABOUT 25 YEARS BOTH ARE R/O MARATA STREET HARIHARA TOWN DAVANAGERE DISTRICT - 577 601. - 3 - HC-KAR NC: 2026:KHC:32032 RSA No. 1536 of 2022 8. SMT. TUNGA BAI W/O YELLAPPA HATGOL AGED ABOUT 69 YEARS, NOW R/O REDDY BUILDINGS PURANTHARA HOSPITAL ROAD 11 CROSS, MCC 'A' BLOCK DAVANAGERE CITY - 577 005. KASHINATHSA PAWAR DEAD BY HIS LEGAL HEIRS 9. SMT. AMBU BAI K. PAWAR W/O KASHINATHSA PAWAR AGED ABOUT 75 YEARS, R/O GOWLIGALLI, HAVERI - 571 111. 10. RAVINDRANATHSA PAWAR S/O KASHINATHSA PAWAR AGED ABOUT 53 YEARS, R/O 2ND MAIN, 2ND CROSS VIJAYANAGARA EXTENSION HARIHARA TOWN - 577 601. 11. NAGARAJ K PAWAR ADOPTED SON OF GANAPATHSA PAWAR AGED ABOUT 49 YEARS, R/O OPPOSITE TO 101, LINGESHWARA TEMPLE DODDI BEEDI, HARIHARA TOWN - 577 601. 12. THIPPESHI S/O KASHINATHSA PAWAR AGED ABOUT 48 YEARS, R/O GOWLIGALLI HAVERI TOWN - 571 111. - 4 - HC-KAR NC: 2026:KHC:32032 RSA No. 1536 of 2022 13. MALA BAI V. MAHARWADE W/O VITTALSA V. MEHARWADE D/O KASHINATHSA PAWAR AGED ABOUT 58 YEARS, SRI SAI COMMUNICATIONS NO. 33, 1ST MAIN ROAD, NEAR PANCHAMUKHI GANESHA TEMPLE MAHALAKSHMI LAYOUT BENGALURU - 560 086. 14. SMT. GEETHA V. BHUTE W/O VISHWANATHSA BHUTE D/O KASHINATHSA PAWAR AGED ABOUT 50 YEARS R/O T.B. ROAD, THEGGINAKERE HARIHARA TOWN - 577 601. 15. SMT. VARALAKSHMI W/O VENKATESH SINGARI AND D/O KASHINATH SA PAWAR AGED ABOUT 45 YEARS SILK MERCHANT R/O GULEDAGUDDA GADAG DISTRICT - 582 103. …RESPONDENTS (R1 - SERVED; VIDE ORDER DATED 17.06.2026, NOTICE TO R10, R12 AND R14 ARE HELD SUFFICIENT; VIDE ORDER DATED 17.06.2026, APPEAL AGAINST R4, R5 AND R11 STANDS DISMISSED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.07.2022 PASSED IN RA.NO. 65/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE - 5 - HC-KAR NC: 2026:KHC:32032 RSA No. 1536 of 2022 DATED 18.04.2015 PASSED IN O.S.NO.36/2009 ON THE FILE OF THE SENIOR CIVIL JDUGE, HARIHAR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant has filed a memo for withdrawal. The memo reads as under: "The appellant most respectfully prays that this Hon’ble Court be pleased to permit the appellant to withdraw the above appeal as not pressed in the ends of justice and equity.” Placing the memo on record, appeal stands dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 13