- 1 - HC-KAR CNR: KAHC010239552018 NC: 2026:KHC:40345-DB RFA No. 2039 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 2039 OF 2018 (SP) BETWEEN: SRI. VIJAYAKUMAR PATIL, S/O LATE SURENDRA PATIL @ S.S.PATIL, AGED ABOUT 48 YEARS, AGRICULTURIST, R/AT HOUSE NO.19/1, SHIVAJI ROAD, SAGAR TOWN, SHIVAMOGGA DISTRICT - 577 401. …APPELLANT (BY SRI.SAMMITH.S, ADVOCATE) AND: 1. SRI. T.N. SHAMBHULINGAPPA, S/O SRI. NEELAKHANTAPPA, AGED ABOUT 67 YEARS, 2. SMT.T.S.PREETHI, W/O SRI. PRABHUGOWDA, AGED ABOUT 34 YEARS, 3. SRI.PRASHANTH T.S. S/O SRI. PRABHUGOWDA, AGED ABOUT 39 YEARS, RESPONDENT NOS. 1 TO 3 ARE RESIDING AT, MUDI GOWDAR KERI, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010239552018 NC: 2026:KHC:40345-DB RFA No. 2039 of 2018 SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT - 577 427. 4. SRI. ANAND TATAPATTI, S/O. SRI GANARCHIT, MAJOR, AGRICULTURIST, R/AT DEVI HOSURU VILLAGE, HAVERI TALUK, HAVERI DISTRICT - 581 110. …RESPONDENTS (BY SRI. S.B. MUKKANNAPPA ADVOCATE FOR R4, R1 TO R3 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED:29.09.2018 PASSED IN O.S.NO.07/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SAGAR, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR WITHDRAWAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for appellant has filed a memo seeking leave of this Court to withdraw the appeal. 2. The memo is taken on record. - 3 - HC-KAR CNR: KAHC010239552018 NC: 2026:KHC:40345-DB RFA No. 2039 of 2018 3. In view of the memo, the appeal is dismissed as withdrawn. 4. Court fee may be refunded to the appellant as per the Karnataka Court Fee and Suit Valuation Act, 1958. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 1