- 1 - HC-KAR NC: 2026:KHC:34387 RSA No. 2315 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2315 OF 2017 (INJ) BETWEEN: YASHODHARA GOWDA AGED ABOUT 39 YEARS S/O VENKAPPA GOWDA, R/AT KODDOLU HOUSE, UJIRE VILLAGE AND POST, BELTHANGADY TALUK-574 214 DAKSHINA KANNADA …APPELLANT (BY SRI. ABHINAV RAMANAND A.,ADVOCATE) AND: FELIX RODRIGUES S/O LAWRENCE RODRIGUES, NELLIPADAVU IN UJIRE VILLAGE AND POST, BELTHANGADY TALUK-574 214 DAKSHINA KANNADA RESPONDENT DIED ON 20.3.2017 REPRESENTED BY HIS LRs 1(A) FRANCIS RODRIGUES AGED ABOUT 69 YEARS S/O LAWRENCE RODRIGUES, R/AT NELLIPADAVU, UJIRE VILLAGE BELTHANGADY TALUK-574 240 Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34387 RSA No. 2315 of 2017 DAKSHINA KANNADA 1(B) JOKIM RODRIGUES AGED ABOUT 67 YEARS S/O LAWRENCE RODRIGUES, RAT NELLIPADAVU UJIRE VILLAGE BELTHANGADY TALUK-574 240 DAKSHINA KANNADA …RESPONDENTS (BY SRI. A.KESHAVA BHAT, ADVOCATE FOR R1 (A & B)) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 1.8.2017 PASSED IN RA NO.151/2008 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 5.4.2005 PASSED IN OS NO.134/1999 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, BELTHANGADY, D.K THIS APPEAL, COMING ON FOR ADMISSION, 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. 2. Copy furnished to the other side. 3. Memo reads as under: "The Appellant respectfully submits as follows: The Appellant submits that the Respondent herein has sold the suit 'A' Schedule Property under a Sale Deed dated 21.10.2010 in favour of one Sri. Devappa Gowda. It is further - 3 - HC-KAR NC: 2026:KHC:34387 RSA No. 2315 of 2017 submitted that a comprehensive suit for Declaration, Permanent Injunction and other reliefs is filed in O.S. No.20/2012 between Sri. Venkappa Gowda S/o. Ayyanna Gowda the father of Appellant vs. Sri. Felix Rodrigues since lead by LRs and others on the file of the Addl. Civil Judge and JMFC at Belthangady, D.K. and the same is pending adjudication. In view of the same, the Appellant may be permitted to withdraw the Appeal with the liberty that the contentions raised in O.S No.20/2012 is required to be independently adjudicated without being influenced by the Judgments and Decree impugned in the present Appeal. The memo taken on record and to meet the ends of justice." 4. Placing the memo on record, appeal stands disposed of. 5. Parties are at liberty to canvass all the favourable points in accordance with law in the pending comprehensive suit. Sd/- (V SRISHANANDA) JUDGE BS List No.: 1 Sl No.: 46