- 1 - HC-KAR CNR: KAHC010562162023 NC: 2026:KHC:42349 RSA No. 1887 of 2023 C/W RSA No. 1881 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1887 OF 2023 (DEC/INJ) C/W REGULAR SECOND APPEAL NO. 1881 OF 2023 (DEC/INJ) IN RSA No. 1887/2023 BETWEEN: SRI. B.V. SHANKAR S/O LATE B.V. VENKATAGIRIAH, AGED ABOUT 75 YEARS, RESIDING AT DOOR NO.557, "GURUHREE", 3RD BLOCK, 3RD PHASE, KEMPEGOWDA LAYOUT, BSK IIIRD STAGE, BENGALURU - 560 085. …APPELLANT (BY SMT. SREE VIDYA G.K, ADVOCATE FOR SRI. T.N. VISWANATHA, ADVOCATE) AND: 1. SMT. RATHNAMMA W/O LATE S. PILLAPPA, AGED ABOUT 59 YEARS, 2. SRI. RAVIKUMAR S/O LATE S PILLAPPA, AGED ABOUT 38 YEARS, 3. SRI. HEMANTHAKUMAR S/O LATE S PILLAPPA, AGED ABOUT 34 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010562162023 NC: 2026:KHC:42349 RSA No. 1887 of 2023 C/W RSA No. 1881 of 2023 RESPONDEN NO.1 TO 3 RESIDING AT SADENAHALLI VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK - 560 088. 4. SMT. AMBUJA W/O VIJAYAKUMAR, D/O LATE S PILLAPPA, AGED ABOUT 42 YEARS, R/AT MENNAKUNTE HOSUR HOBLI, CHIKKAJALA HOBLI AND POST, BENGALURU NORTH TALUK - 562 157. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.07.2023 PASSED IN RA NO.148/2020 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.07.2019 PASSED IN OS NO.1232/2012 ON THE FILE OF II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BANGALORE. IN RSA NO. 1881/2023 BETWEEN: SMT. T.J. MALATHI WIFE OF B.V. SHANKAR, AGED ABOUT 72 YEARS, R/AT DOOR NO.557, "GURUHREE" 3RD BLOCK, 3RD PHASE, KEMPEGOWDA LAYOUT, BSK III STAGE, BENGALURU - 560 085. ...APPELLANT (BY SMT. SREE VIDYA G.K, ADVOCATE FOR SRI. T.N. VISWANATHA, ADVOCATE) - 3 - HC-KAR CNR: KAHC010562162023 NC: 2026:KHC:42349 RSA No. 1887 of 2023 C/W RSA No. 1881 of 2023 AND: 1. SMT. RATHNAMMA W/O LATE S. PILLAPPA, AGED ABOUT 59 YEARS, 2. SRI. RAVIKUMAR S/O LATE S PILLAPPA, AGED ABOUT 38 YEARS, 3. SRI. HEMANTHAKUMAR S/O LATE S PILLAPPA, AGED ABOUT 34 YEARS, RESPONDEN NO.1 TO 3 RESIDING AT SADENAHALLI VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK - 560 088. 4. SMT. AMBUJA W/O VIJAYAKUMAR, D/O LATE S PILLAPPA, AGED ABOUT 42 YEARS, R/AT MENNAKUNTE HOSUR HOBLI, CHIKKAJALA HOBLI AND POST, BENGALURU NORTH TALUK - 562 157. ...RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.07.2023 PASSED IN RA NO.126/2022 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.07.2019 PASSED IN OS NO.1230/2012 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BAGNALORE RURAL DISTRICT, BANGALORE. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010562162023 NC: 2026:KHC:42349 RSA No. 1887 of 2023 C/W RSA No. 1881 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawal. The memo reads as under: "The undersigned Advocate appearing for the appellant herewith prays that this Hon’ble Court may be pleased to dismiss the above appeal as withdrawn with liberty to the appellant to agitate his claim in the partition suit filed by the respondents, to meet the ends of justice.” Placing the memo on record, appeals stand dismissed as withdrawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 69