- 1 - HC-KAR CNR: KAHC010311832026 NC: 2026:KHC:46449 RSA No. 787 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 787 OF 2026 (INJ) BETWEEN: 1. SANNEGOWDA SINCE DECEASED BY HIS LRS SMT. LAKSHMAMMA, W/O. LATE SANNEGOWDA, AGED ABOUT 76 YEARS (SENIOR CITIZENSHIP NOT CLAIMED) 2. SMT. ROOPA, D/O. LATE SANNEGOWDA W/O. JAYARAM, HOUSEHOLD AGED ABOUT 54 YEARS 3. SMT. DEEPA, D/O. LATE SANNEGOWDA, W/O. RAJU, HOUSEHOLD AGED ABOUT 52 YEARS 4. SRI. S. UTTARESHA, S/O. LATE SANNEGOWDA, AGRICULTURIST AGED ABOUT 57 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010311832026 NC: 2026:KHC:46449 RSA No. 787 of 2026 ALL ARE RESIDENTS OF SULTHANMATTI VILLAGE, BHADRAVATHI TALUK, C/O. B.R.P. ADVOCATE, BHADRAVATHI - 577 301. …APPELLANTS (BY SRI. SHREYAS M. BASAREDDY, ADVOCATE FOR SRI. MALLIKARJUN BASAREDDY, ADVOCATE) AND: 1. SRI MANJA SINCE DECEASED BY HIS LRS SMT CHAITRA, W/O BASAVARAJU AGED ABOUT 32 YEARS, R/O. GANGUR VILLAGE, BHADRAVATHI TALUK PIN - 577 301. 2. SRI. NAGARAJA, S/O. KEMPE GOWDA, AGED ABOUT 63 YEARS, R /O. UJJINIPURA, BHADRAVATHI TALUK PIN - 577 301. …RESPONDENTS THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 12.01.2026, PASSED IN RA NO. 46/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.03.2024 PASSED IN OS NO.498/2015 ON THE FILE OF THE C/C. IV ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI. - 3 - HC-KAR CNR: KAHC010311832026 NC: 2026:KHC:46449 RSA No. 787 of 2026 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellants has filed a memo for withdrawal on 18.08.2026 in the registry, signed by the appellants as well as learned counsel for the appellants. Memo reads as under: "The appellant above named begs to submit that, the above appeal is filed against the judgment and award passed in RA No.46/2024 dated 12.01.2026 on the file of I Addl.Senior Civil Judge at Bhadravathi and judgment and decree dated 01.03.2024 in OS No.498/2015 on the file of IV Additional Civil Judge and JMFC at Bhadravathi. It is submitted that the suit filed by the appellant came to be dismissed as not maintainable on the ground that, without declaration of title bare injunction is not maintainable. It is relevant to submit here that, the above appeal may be dismissed as withdrawn with a liberty to the appellants to file fresh suit for declaration and injunction of the suit schedule property, in the interest of justice and equity.” - 4 - HC-KAR CNR: KAHC010311832026 NC: 2026:KHC:46449 RSA No. 787 of 2026 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.: 24