- 1 - HC-KAR NC: 2026:KHC:34348 RSA No. 1142 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1142 OF 2023 (DEC/INJ) BETWEEN: SRI. S. R. NAGARAJU, S/O LATE RAMEGOWDA, AGED ABOUT 56 YEARS, R/AT SATHYAVANGALA VILLAGE, KASABA HOBLI, HASSAN TALUK - 573 201. …APPELLANT (BY SRI. M. SREENIVASA., ADVOCATE) AND: H. M. RAJU, S/O LATE MURUGAPPA, AGED ABOUT 71 YEARS, R/AT GAURDEN HOUSE, KORAVANGALGATE, DUDDA HOBLI, HASSAN TALUK - 573 201. DEAD BY LEGAL REPRESENTATIVES. 1. SMT. SHANTHAMMA, W/O LATE H.M. RAJU, AGED ABOUT 76 YEARS, R/AT GAURDEN HOUSE, KORAVANGAL GATE, DUDDA HOBLI, HASSAN TALUK - 573 201. 2. SMT. MAMATHA H.R., D/O LATE H.M. RAJU, AGED ABOUT 57 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34348 RSA No. 1142 of 2023 R/AT AKSHAYA NILAYA, 1ST MAIN, 4TH CROSS, ADARSH NAGAR, HASSAN - 573 201. 3. SMT. APARNA H.R., D/O LATE H.M. RAJU, AGED ABOUT 56 YEARS, R/AT NO.84, VARACHANDRA, VIVEKANANDA ROAD, VIDYANAGAR, HASSAN. 4. SMT. ANUPAMA H.R., D/O LATE H.M. RAJU, AGED ABOUT 53 YEARS, R/AT VARSH FARM, KORAMANGALA, DUDDA HOBLI, HASSAN TALUK - 573 201. 5. SMT. USHA H.R., D/O LATE H.M. RAJU, AGED ABOUT 49 YEARS, R/AT NO.112/29, 1ST 'G' MAIN, J.S.NAGAR, NANDHINI LAYOUT, BANGALORE - 560 096. 6. SMT.VANAJAKSHI, D/O KEMPASIDDAIAH, AGED ABOUT 46 YEARS, R/AT CHIKKADALURE, DUDDA HOBLI, HASSAN TALUK - 573 201. SRI. THIMMAIAH, S/O LATE KARIYAIAH, DEAD BY LEGAL REPRESENTATIVE 7. SMT. NANJAMMA, W/O LATE THIMMAIAH, AGED ABOUT 85 YEARS, - 3 - HC-KAR NC: 2026:KHC:34348 RSA No. 1142 of 2023 R/AT CHIKKADALURU, DUDDA HOBLI, HASSAN TALUK - 573 201. 8. SMT. RUKMINI, D/O LATE THIMMAIAH, AGED ABOUT 69 YEARS, R/AT TALASIKATTE, BEHIND ABHIRUCHI HOTEL, HASSAN - 573 201. 9. SMT. GANGAMMA, D/O LATE THIMMAIAH, W/O PUMEAL, AGED ABOUT 68 YEARS, R/AT ADUVALLI, NEAR RAMANJANEYA TEMPLE, HASSAN - 573 201. SRI. RAJU, S/O LATE THIMMAIAH, DEAD BY LEGAL REPRESENTATIVES 10. SMT. INDIRAMMA, W/O LATE RAJU, AGED ABOUT 56 YEARS, R/AT PALYA VILLAGE AND HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 201. 11. SRI. NAGESH, S/O LATE RAJU, AGED ABOUT 27 YEARS, R/AT PALYA VILLAGE AND HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 201. 12. SRI. LAKSHMANA, S/O LATE RAJU, AGED ABOUT 24 YEARS, R/AT PALYA VILLAGE AND HOBLI, - 4 - HC-KAR NC: 2026:KHC:34348 RSA No. 1142 of 2023 ALUR TALUK, HASSAN DISTRICT - 573 201. 13. SRI. RANGASWAMY, S/O LATE THIMMAIAH, AGED ABOUT 51 YEARS, R/AT CHIKKADALURE VILLAGE, DUDDA HOBLI, HASSAN TALUK - 573 201. 14. SMT. NAGARATHNA, D/O LATE THIMMAIAH, W/O CHANDRASHEKAR, AGED ABOUT 44 YEARS, R/AT SATHIGARAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TALUK - 573 201. 15. SRI. DEVARAJU, S/O LATE THIMMAIAH, AGED ABOUT 44 YEARS, R/AT CHIKKADALURE VILLAGE, DUDDA HOBLI, HASSAN TALUK - 573 201. 16. SRI. LAKSHMANA, S/O LATE THIMMAIAH, AGED ABOUT 40 YEARS, R/AT ADUVALLI, NEAR RAMANJANEYA TEMPLE, HASSAN - 573 201. 17. SMT. PUTTALAKSHMAMMA, D/O LATE THIMMAIAH, AGED ABOUT 39 YEARS, R/AT CHIKKADALURE VILLAGE, DUDDA HOBLI, HASSAN TALUK - 573 201. - 5 - HC-KAR NC: 2026:KHC:34348 RSA No. 1142 of 2023 18. SRI. CHIKKAIAH, S/O LATE SANNAIAH, AGED ABOUT 56 YEARS, R/AT CHIKKADALURE VILLAGE, DUDDA HOBLI, HASSAN TALUK - 573 201. 19. SRI.CHANDRASHEKAR, S/O ERAIAH, AGED ABOUT 46 YEARS, R/AT CHIKKADALURE VILLAGE, DUDDA HOBLI, HASSAN TALUK. 20. SRI.T.M.ADIRAJU, S/O MUDDEGOWDA, AGED ABOUT 51 YEARS, R/AT KORAVANGALA VILLAGE, DUDDA HOBLI, HASSAN TALUK - 573 201. 21. SRI.DYAVAIAH, S/O KARIYAIAH, AGED ABOUT 66 YEARS, R/AT CHIKKADALUR VILLAGE, DUDDA HOBLI, HASSAN TALUK - 573 201. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.03.2023 PASSED IN RA.NO.72/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, AND CJM, HASSAN DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.02.2013 PASSED IN O.S.NO.120/2006 ON THE FILE OF THE PRL. CIVIL JUDGE, AND JMFC, HASSAN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:34348 RSA No. 1142 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 07.07.2026 seeking permission of this Court to withdraw the appeal. The memo reads as under: It is submitted that during the pendency of the above appeal, the Revenue Authorities conducted the Survey on 3.5.2025 and subsequently a phodi was conducted in respect of the land belonging to Respondents No.1 to 5 and the Appellant, demarcating the boundaries. The copy of the survey sketch dtd:3.5.2025 and phodi dtd:12.1.2026 is enclosed herewith. In view of the subsequent development took place, the Appellants have no grievance against the Respondents No.1 to 5. In view of the said fact, the Appellant craves leave of this Hon'ble Court permitting them to file a fresh suit as and when the cause of action may arose in the interest of justice. 2. Placing the memo on record, appeal stands dismissed as withdrawn. 3. Despite withdrawal, appellant is at liberty to work out his remedy in accordance with law. - 7 - HC-KAR NC: 2026:KHC:34348 RSA No. 1142 of 2023 4. Needless to emphasize that such remedy if availed by the appellant, the contesting respondents/defendants shall have all defences to be put forward in the intended proceedings. Sd/- (V SRISHANANDA) JUDGE BSV List No.: 1 Sl No.: 17