- 1 - HC-KAR CNR: KAHC010272662022 NC: 2026:KHC:38931 RSA No. 921 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 921 OF 2022 (EJE) BETWEEN: H.N. NAGARAJANAIKA S/O LATE NANJUNDANIAKA AGED ABOUT 60 YEARS RESIDING AT N K M ROAD HULLAHALLI VILLAGE NANJANGUD TALUK MYSURU DISTRICT - 571 314 …APPELLANT (BY SRI. KRISHNA B.J., ADVOCATE) AND: 1. NAGARAJANAIKA DEAD BY HIS LRS CHIKKADEVAMMA W/O LATE NAGARAJANAIKA AGED ABOUT 54 YEARS, 2. NAGESHA S/O LATE NAGARAJANAIKA AGED ABOUT 43 YEARS, 3. CHANDRAMMA D/O LATE NAGARAJANAIKA W/O LATE CHUNCHANAIKA AGED ABOUT 41 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010272662022 NC: 2026:KHC:38931 RSA No. 921 of 2022 4. N MANJU S/O LATE NAGARAJANAIKA AGED ABOUT 40 YEARS, 5. VIJAYKUMAR S/O LATE NAGARAJANAIKA AGED ABOUT 38 YEARS, ALL ARE RESIDING AT HULLAHALLI VILLAGE, HULLAHALLI HOBLI NANJANGUD TALUK MYSURU DISTRICT - 571 314 …RESPONDENTS (BY SRI. BASAVANNA K.M.,ADVOCATE FOR R1 TO R5) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.12.2021 PASSED IN R.A.NO.6/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NANJANGUD ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.12.2019 PASSED IN O.S.NO.415/2012 ON THE FILE OF THE II ADDL.CIVIL JUDGE AND JMFC., NANJANGUD. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR CNR: KAHC010272662022 NC: 2026:KHC:38931 RSA No. 921 of 2022 ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo. Memo reads as under : "The appellant respectfully prays that this Hon'ble Court be pleased to permit the appellant to withdraw the above appeal as not pressed, since the appellant has filed the above appeal against divergent finding of the trial courts and recently the appellant has filed O S for seeking declaration against the respondents property in question in the above appeal and hence, the appellant sought permission to withdraw the above appeal as not pressed, in the interest of justice and equity." 2. Placing the memo on record, appeal stands dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 62