- 1 - HC-KAR CNR: KAHC010336902019 NC: 2026:KHC:44903 RSA No. 373 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.373 OF 2019 (INJ) BETWEEN: SRI L SRINIVAS S/O LATE LAKSHMANAPPA AGED 68 YEARS, R/AT SWARANAMBA NILAYA MBS LAYOUT, BOMMANAKATE SHIVAMOGGA TOWN AND TALUK SHIVAMOGGA – 577 201 …APPELLANT (BY SMT.S.SUSHEELA, SENIOR COUNSEL FOR SRI RANGA RAMU.V, ADVOCATE) AND: 1. SRI MALLESHAPPA S/O LATE LAKSHMANAPPA SINCE DEAD REPRESENTED BY HIS LRS R1(a) MR. SRINIVASA, S/O LATE MALLESHAPPA AGED ABOUT 35 YEARS, R1(b) MRS. BINDU , D/O LATE MALLESHAPPA AGED ABOUT 38 YEARS, R1(c) MISS ASHWINI 30 YEARS, D/O LATE MALLESHAPPA AGED ABOUT 30 YEARS, ALL ARE RESIDING AT Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010336902019 NC: 2026:KHC:44903 RSA No. 373 of 2019 T.B. ROAD, HALEPET KADUR TOWN AND TALUK, CHIKKAMANGALURU, KARNATAKA – 577 548 2. SRI K L DEVARAJ S/O LATE LAKSHMANAPPA SINCE DIED REP. BY HIS LRS R2(a) SMT. NETRAMMA, W/O DEVARAJ K.L. AGED 54 YEARS, R2(b) MRS. LAVANYA , D/O DEVARAJ K.L. AGED ABOUT 28 YEARS R2(c) MR.KIRAN KUMAR , S/O K.L. DEVARAJ AGED 25 YEARS, ALL ARE RESIDING AT T.B. ROAD, HALEPETE, KADUR TOWN AND TALUK, CHIKKAMANGALURU DISTRICT-577 548 …RESPONDENTS (BY SRI RAMACHANDRA FOR SRI H.R.ANANTHAKRISHNA MURTHY, ADVOCATES FOR R2(c); R1(a), R2(a) ARE SERVED BUT UNREPRESENTED VIDE ORDER DATED 15.02.2022; SERVICE OF NOTICE IN RESPECT OF R1(b), R1(c) and R2(b) IS HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 05.11.2018 PASSED IN R.A.NO.28/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, KADUR DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE - 3 - HC-KAR CNR: KAHC010336902019 NC: 2026:KHC:44903 RSA No. 373 of 2019 DATED 28.04.2014 PASSED IN O.S.NO.233/2002 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KADUR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed memo which reads as under: “In the above appeal RSA No.323/2019 may be permitted to be withdrawn reserving liberty to the appellant L. Srinivas to seek for permanent injunction subsequent to disposal of RSA No.372/2019 arising out O.S.No.277/2008 in the interest of justice.” 2. Placing the memo on record, appeal stands dismissed as withdrawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 50