- 1 - HC-KAR CNR: KAHC010573342023 NC: 2026:KHC:44396 RSA No. 1926 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1926 OF 2023 (INJ) BETWEEN: LATE SRI. VISHWANATHA SHETTY SINCE DECEASED BY HIS L.RS 1. SMT. KASTHURI V SHEDTHY W/O LATE VISHWANATH SHETTY AGED ABOUT 63 YEARS 2. SRI GURURAJ SHETTY S/O LATE VISHWANATH SHETTY AGED ABOUT 42 YEARS 3. SRI. PRITHVIRAJ SHETTY S/O LATE VISHWANATH SHETTY AGED ABOUT 40 YEARS 4. KUMARI ANUSHA SHETTY D/O LATE VISHWANATH SHETTY AGED ABOUT 38 YEARS R/AT NEAR KARNATAKA BANK UPPUNDA VILLAGE AND POST BYNDOOR TALUK UDUPI -576 232 NOW RESIDING AT MUMBAI MAHARASHTRA STATE …APPELLANTS (BY SRI RANJITH H.S FOR SRI. AJITH A SHETTY, ADVOCATES) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010573342023 NC: 2026:KHC:44396 RSA No. 1926 of 2023 AND: LATE SMT. KORAGAMMA SHEDTHY SINCE DECEASED BY HER L.RS 1. SMT. NAGAMMA SHEDTHY D/O LATE KORAGAMMA SHEDTHY AGED ABOUT 60 YEARS 2. SRI. MOHAN SHETTY S/O LATE KORAGAMMA SHEDTHY AGED ABOUT 57 YEARS 3. SMT KUSUMA SHETTY D/O LATE KORAGAMMA SHEDTHY AGED ABOUT 54 YEARS 4. SRI THYAGICHAND SHETTY AGED ABOUT 45 YEARS S/O LATE CHANDRASHEKAR SHETTY GRANDSON OF LATE KORAGAMMA SHETTY 5. SRI. YOGESHCHAND SHETTY AGED ABOUT 40 YEARS S/O LATE CHANDRASHEKAR SHETTY GRANDSON OF LATE KORAGAMMA SHETTY 6. SMT. PRIYA SHETTY AGED ABOUT 37 YEARS S/O LATE CHANDRASHEKAR SHETTY GRANDSON OF LATE KORAGAMMA SHETTY ALL ARE RESIDING AT ‘MANJUSHREE’ UPPUNDA VILLAGE AND POST BYNDOOR TALUK UDUPI – 576 232 …RESPONDENTS (BY SRI GOVINDARAJ K. JOISA, ADVOCATE FOR C/R1 TO R6) - 3 - HC-KAR CNR: KAHC010573342023 NC: 2026:KHC:44396 RSA No. 1926 of 2023 THIS RSA IS FILED SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 01.08.2023 PASSED IN R.A.NO.22/2020 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.03.2020 PASSED IN O.S.NO.66/2012 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, KUNDAPURA. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel of the appellants has filed the memo, which reads as under: “The appellant would most respectfully submit that she intends to follow up her application/claim pending under THE KARNATAKA CONFERMENT OF OWNERSHIP ON MULAGENI OR VOLAMULAGENI TENANTS ACT, 2011 and as such, does intend to prosecute the present appeal. WHEREFORE, the appellant would seek leave of this Hon’ble Court to withdrawn the present appeal, while reserving such liberty as above, in the interest of justice and equity.” 2. Placing the memo on record, appeal is dismissed as withdrawn, with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE kcm/List No.: 1 Sl No.: 77