- 1 - HC-KAR CNR: KAHC010799752025 NC: 2026:KHC:46427 RSA No. 1945 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1945 OF 2025 (INJ) BETWEEN: 1. SRI. OBALANARASIMHAIAH S/O SANNAKARIYAPPA, AGED ABOUT 69 YEARS 2. SRI. LASKHMAIAH S/O SANNAKARIYAPPA, AGED ABOUT 67 YEARS, BOTH ARE R/O UNGANALA, HAGALWADI HOBLI, GUBBI TALUK - 572 222. …APPELLANTS (BY SRI. BHUVAN K.P, ADVOCATE) AND: SRI. H.M. PANCHAPRAKASH S/O MRUTHYUNJAYARADYA, AGED ABOUT 51 YEARS R/O HOSAKERE, HAGALWADI HOBLI, GUBBI TALUK - 572 222. …RESPONDENT (RESPONDENT - SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 01.07.2025 PASSED IN RA NO.15/2024 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, GUBBI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 27.01.2024 PASSED IN OS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010799752025 NC: 2026:KHC:46427 RSA No. 1945 of 2025 NO.355/2017 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, GUBBI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for some time, learned counsel for the appellant has filed a memo. The memo reads as under: "The appellant prays that this Hon’ble Court be pleased to permit them to withdraw the appeal liberty to file suit, in ends of justice.” Placing the memo on record, appeal stands dismissed as withdrawn with liberty as prayed for with a specific observation that all the available defences are kept open to be urged in the intended suit by the respondent/defendant. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 66