- 1 - HC-KAR CNR: KAHC010151042024 NC: 2026:KHC:42967 RSA No. 410 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 410 OF 2024 (INJ) BETWEEN: SRI. C.R. UDAYASHANKAR S/O LATE RENUKAIAH AGED ABOUT 41 YEARS, R/AT PUTTAYYANAPALYA CHUNCHANAKUPPE DHAKLE TAVAREKERE HOBLI, BENGALURU SOUTH TALUK - 562 130. …APPELLANT (BY SRI. KUMBAR VASANT FAKEERAPPA, ADVOCATE) AND: 1. SRI. RENUKAPRASAD S/O LATE CHIKKAREVANNA AGED ABOUT 41 YEARS, 2. SRI. KANTHESH S/O LATE CHIKKAREVANNA AGED ABOUT 41 YEARS, BOTH ARE RESIDING AT NO.377, 21ST CROSS, 1ST AND 3RD EAST LAYOUT, JAYANAGAR, BENGALURU - 560 011. …RESPONDENTS (BY SRI. L. SIDDESHA UMMATHUR, ADVOCATE FOR C/R2; R1 - SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.11.2023 PASSED IN RA.NO.26/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, MAGADI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.01.2020 PASSED IN O.S.NO.156/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MAGADI. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010151042024 NC: 2026:KHC:42967 RSA No. 410 of 2024 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After arguing the arguments for some time, learned counsel for the appellant has filed a memo for withdrawal. The memo reads as under: "That, the appellant herewith submits that the appeal may be dismissed as withdrawn with liberty to file comprehensive suit for relief of declaration and easementary rights over the schedule property. Wherefore, it is prayed that this Hon’ble Court be pleased to permit the appellant to withdraw appeal with liberty to file suit for declaration and consequential reliefs to meet the ends of justice.” Placing the memo on record, appeal stands dismissed as withdrawn with liberty as prayed for subject to all available defences to the contesting respondents. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 53