- 1 - HC-KAR CNR: KAHC010091492018 NC: 2026:KHC:36905 RSA No. 1536 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1536 OF 2018 (DEC) BETWEEN: 1. SANNEERAIAH SINCE DECEASED BY LR’S) 1(a) SRI KRISHNAMURTHY S/O LATE SANNEERAIAH AGED ABOUT 45 YEARS AS PER ORDER DATED 12.06.2026 2. SIDDARAMANNA S/O LATE DODDAIAH AGED ABOUT 75 YEARS BOTH ARE RESIDENTS OF BASAVAPURADA GOLLARAHATTI VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK-572 215 …APPELLANTS (BY SRI P.P.HEGDE, SR. ADVOCATE FOR SRI DHANUSH D. RAJ AND SRI YATHIN.B, ADVOCATES) AND: K A CHANDRAKANTHAMANI W/O B.A.SHIVAKUMARASWAMY, AGED ABOUT 51 YEARS R/AT BASAVAPURADA GOLLARAHATTI VILLAGE, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010091492018 NC: 2026:KHC:36905 RSA No. 1536 of 2018 DANDINASHIVARA HOBLI, TURUVEKERE TALUK …RESPONDENT (BY SRI BHARGAV.G FOR SRI SOMASHEKARA.K.M, ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 16.04.2018 PASSED IN R.A.No.25/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., TURVEKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.06.2017 PASSED IN O.S.No.200/2012 ON THE FILE OF THE CIVIL JUDGE AND JMFC., TURUVEKERE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT After hearing the parties, learned counsel for the respondent has filed a memo, which reads as under: “The undersigned counsel for the respondent herein submits that the respondent had filed O.S.200/2012 seeking a relief of declaration of title, recovery of possession along with mesne profits. The Hon’ble Trial Court decreed the suit inter alia allowed the prayer for mesne profits as well. The parties were previously suggested to explore the possibility of settlement and in view of the same the respondent has agreed to waive off any claim in regards to the mesne profits granted earlier. This matter having been listed before this Hon’ble Court today for admission, the respondent herein prays that the instant appeal may be dismissed recording the - 3 - HC-KAR CNR: KAHC010091492018 NC: 2026:KHC:36905 RSA No. 1536 of 2018 respondent’s consent to waive off the mesne profits. It is prayed that the instant memo may be taken on record in the interest of justice and equity.” 2. Placing the Memo on record, following: ORDER (i) Appeal is allowed in part. (ii) In view of the memo supra, office is directed to pass modified decree whereby, plaintiff foregoes the decree for mesne profits. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 57