- 1 - HC-KAR CNR: KAHC010421462017 NC: 2026:KHC:43993 RSA No. 2030 of 2017 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.2030 OF 2017 (INJ) BETWEEN: 1. SMT ANUSUYAMMA W/O SAMPANGIRAMAIAH AGED ABOUT 48 YEARS R/AT CHIKKAHAGADE VILLAGE KASABA HOBLI, ANEKAL TALUK BENGALURU DISTRICT-562 106 REPRESENTED BY PA HOLDER SRI SAMPANGIRAMAIAH S/O KRISHNAPPA …APPELLANT (BY SRI. MURUGESH CHARATI., ADVOCATE FOR SRI. SRINIVASA C., ADVOCATE) AND: 1. SMT AMMAIAMMA @ CHINNAMMA W/O LATE CHINNAPPA AGED ABOUT 45 YEARS R/AT CHIKKAHAGADE VILLAGE KASABA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562 106 2. SRI MUNIRAJU S/O LATE MUNIYALLAPPA Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010421462017 NC: 2026:KHC:43993 RSA No. 2030 of 2017 AGED ABOUT 46 YEARS 3. SRI M JALARAPPA S/O LATE MUNIYALLAPPA AGED ABOUT 41 YEARS 4. SRI M KAVERAPPA S/O LATE MUNIYALLAPPA AGED ABOUT 38 YEARS 5. SRI MUNISWAMY S/O LATE LINGAPPA AGED ABOUT 68 YEARS ALL ARE R/AT CHIKKA HAGADE VILLAGE KASABA HOBLI, ANEKAL TALUK BENGALURU DISTRICT-562 106 …RESPONDENTS (BY SRI. S. THEJASWINI., ADVOCATE FOR R1 SRI. A . SATYANARAYAN, ADVOCATE FOR R5 R2 TO R4 ARE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.08.2017 PASSED IN REGULAR APPEAL NO.61/2009 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 16.09.2009 PASSED IN ORIGINAL SUIT NO.358/2006 ON THE - 3 - HC-KAR CNR: KAHC010421462017 NC: 2026:KHC:43993 RSA No. 2030 of 2017 FILE OF THE PRL. CVIL JUDGE (JR.DN.) AND JMFC., ANEKAL AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Learned counsel for the appellant, after addressing the arguments for sufficient length of time, has filed a memo for withdrawal, which reads as under: "The appellant seeks leave of this Hon’ble Court to withdraw the above captioned Regular Second Appeal, without prejudice to the rights of appellant and limitation and with a liberty to file an appropriate comprehensive suit for declaration and possession and other consequential reliefs., before the competent jurisdictional civil court. Hence, this memo same may be taken on record and appellant may be permitted to withdraw the appeal reserving the liberty as sought above and direct the competent court to decide the fresh suit to be filed by appellant, - 4 - HC-KAR CNR: KAHC010421462017 NC: 2026:KHC:43993 RSA No. 2030 of 2017 without going into the question of limitation, in the interest and justice." 2. A copy of the memo has been furnished to the counsel for the contesting respondent. 3. The suit before the trial Court was only for a bare injunction and question of title is also involved. 4. Placing the memo on record, the appeal stands dismissed as withdrawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE SKS