- 1 - HC-KAR CNR: KAHC010425462025 NC: 2026:KHC:43998 RSA No. 1009 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1009 OF 2025 (INJ) BETWEEN: 1. SRI KADURAPPA, S/O SANNAERAPPA AGED ABOUT 58 YEARS, DEAD BY LR'S 1(a) SMT.GOWRAMMA, W/O KADURAPPA, AGED ABOUT 74 YEARS, 1(b) SMT.GEETHAMMA, D/O KADURAPPA, AGED ABOUT 44 YEARS, 1(c) SRI.GURURAJA M.K., S/O KADURAPPA, AGED ABOUT 42 YEARS, 1(d) SRI.M.RAVI, S/O KADURAPPA, AGED ABOUT 40 YEARS, APPELLANT NO.1(a) TO (d) ARE R/AT DODDETHINAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT – 577 223. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010425462025 NC: 2026:KHC:43998 RSA No. 1009 of 2025 2. SMT. SHARADAMMA, W/O LATE CHANDRAPPA, AGED ABOUT 67 YEARS, 3. SMT. SAVITHA, W/O CHIKKEERAPPA, D/O LATE CHANDRAPPA, AGED ABOUT 40 YEARS, 4. SMT. VINODHA, D/O LATE CHANDRAPPA, W/O NAGARAJAPPA, AGED ABOUT 38 YEARS, 5. SRI. VASANTHA, S/O LATE CHANDRAPPA, AGED ABOUT 36 YEARS, 6. SRI. RUDRAPPA, S/O SANNEERAPPA, AGED ABOUT 52 YEARS, 7. SRI. SHIVAJI, S/O SANNEERAPPA, AGED ABOUT 58 YEARS, DEAD BY LRS'S 7(a) SRI.GIRISH D.M., S/O SHIVAJI, AGED ABOUT 31 YEARS, 7(b) SRI.RAKESH D.M., S/O SHIVAJI, AGED ABOUT 28 YEARS, - 3 - HC-KAR CNR: KAHC010425462025 NC: 2026:KHC:43998 RSA No. 1009 of 2025 APPELLANT – 7(a) & 7(b) ARE R/AT DODDETHINAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT – 577 223. 8. SRI. SURESHA, S/O LATE PARAMESHWARAPPA, AGED ABOUT 42 YEARS, APPELLANT NO.1 TO 8 ARE R/AT DODDETHINAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT – 577 223. 9. SMT. VANAJAKSHAMMA, W/O LATE NAGARAJAPPA, D/O KARIYAPPA, AGED ABOUT 39 YEARS, R/AT BULLAPURA VILLAGE, HONNALI TALUK – 577 224, DAVAGERE DISTRICT. …APPELLANTS (BY SRI. SIDDARAMAIAH V.B., ADVOCATE) AND: 1. SRI.IMTIYAZ PASHA, S/O LATE D.H.ABDUL GAFFAR SAB, AGED ABOUT 58 YEARS, R/AT DODDETHINAHALLI VILLAGE, HONNALI TALUK – 577 223, PRESENT ADDRESS AT CAMP AT RML NAGARA, SHIVAMOGGA – 577 205. - 4 - HC-KAR CNR: KAHC010425462025 NC: 2026:KHC:43998 RSA No. 1009 of 2025 2. SRI. AFROZ PASHA, S/O LATE D.H.ABDUL GAFFAR SAB, AGED ABOUT 56 YEARS, R/AT DODDETHINAHALLI VILLAGE, HONNALI TALUK – 577 223. PRESENT ADDRESS AT CAMP AT 4TH CROSS, AZAD NAGARA, KALLAPPANAKERI, SHIVAMOGGA – 577 202. 3. SRI. ASLAM PASHA @ MOHAMMED PASHA, S/O LATE D.H.ABDUL GAFFAR SAB, AGED ABOUT 47 YEARS, R/AT CHIKKETHINAHALLI VILLAGE, HONNALI TALUK – 577 223, DAVANAGERE DISTRICT. …RESPONDENTS (BY SRI.SATEESH CHANDRA K.V., ADVOCATE FOR C/R2 AND R3; R1 - DEAD) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.04.2025 PASSED IN RA.NO.23/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHAR, SITTING AT HONNALI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.03.2023 PASSED IN OS.NO.133/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HONNALI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010425462025 NC: 2026:KHC:43998 RSA No. 1009 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellants filed a memo for withdrawal, which reads as follows: "The appellants submit that, Sri. Kadurappa, Rudrappa and Suresh, have filed O.S.No.331/2025, before Principal Civil Judge and JMFC at Honnali for Declaration and consequential relief of permanent injunction. In view of the same, the appellants prays permission of this Hon’ble Court to withdraw the above appeal to pursue the comprehensive suit filed in O.S.No.331/2025, on the file of the Principal Civil Judge and JMFC at Honnali. Since the appellant No.7(b) Rakesh DM, has expired on 18.07.2026, he has not signed to this memo for withdrawal. Wherefore, the appellants pray permission of this Hon’ble Court to withdraw the above appeal, to pursue and to claim their rights in comprehensive suit filed in O.S.No.331/2025, on the file of Principal Civil Judge and JMFC at Honnali, in the interest of justice and equity." - 6 - HC-KAR CNR: KAHC010425462025 NC: 2026:KHC:43998 RSA No. 1009 of 2025 2. Placing the memo on record, the appeal stands dismissed as withdrawn with liberty as prayed for. 3. Pending interlocutory applications, if any, stands disposed of accordingly. Sd/- (V SRISHANANDA) JUDGE SKS