- 1 - HC-KAR CNR: KAHC010321732026 NC: 2026:KHC:40478 RFA No. 988 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO.988 OF 2026 (INJ) BETWEEN: 1. SRI. PAZHANIYAPPAN C., S/O SRI. C. CHINNATAMBI CHETTIAR, AGED ABOUT 73 YEARS, R/AT MADHAVAM HOUSE, MATHRUSHREE LAYOUT, PIPELINE ROAD, NEAR VISHAL SCHOOL, T-DASARAHALLI, BANGALORE – 560 057. …APPELLANT (BY SRI. GANAPATHI C. V., ADVOCATE) AND: 1. SRI. H. V. DEVARAJU, S/O LATE D. HANUMANTHARAYAPPA, AGED ABOUT 38 YEARS, 2. SMT. GANGAMMA, W/O LATE D. HANUMANTHARAYAPPA, AGED ABOUT 57 YEARS. RESPONDENTS NOS.1 & 2 ARE RESIDING AT NO.77/1, VENKATESHWARA NILAYA, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010321732026 NC: 2026:KHC:40478 RFA No. 988 of 2026 4TH CROSS, KANNADA KASTURI ROAD, T-DASARAHALLI, BANGALORE – 560 057. 3. SRI. RAMANJINAPPA, S/O LATE NARAYANAPPA, AGED ABOUT 42 YEARS, R/AT NO.2, KALABHAIRAVESHWARA NILAYA, 3RD CROSS, CHAYA NURSING HOME BACK SIDE NELAGADARANAHALLI MAIN ROAD, VIDYA NAGAR, NAGASANDRA, BANGALORE – 560 073. …RESPONDENTS (BY SRI. M.S. ASWATHA REDDY, ADVOCATE FOR C/R3 IN CP.8375/26) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED.01.04.2026 PASSED IN OS NO.2204/2025 ON THE FILE OF XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-43), THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel appearing on behalf of the appellant has filed a memo seeking permission of this Court to withdraw the appeal with a liberty to file a comprehensive - 3 - HC-KAR CNR: KAHC010321732026 NC: 2026:KHC:40478 RFA No. 988 of 2026 suit for declaration, possession and injunction against respondent Nos.1 to 3 and against the subsequent purchasers before the competent Civil Court. The said memo is placed on record. In view of the said memo, the appeal is dismissed as withdrawn, with a liberty as prayed for. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 33