- 1 - HC-KAR CNR: KAHC010271372017 NC: 2026:KHC:47324 RSA No. 706 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 706 OF 2017 (INJ) BETWEEN: SRI. RUDRESHAPPA S/O. LATE RANGAPPA, AGED ABOUT 54 YEARS, R/AT HARAMAGHATTA VILLAGE, HOLALUR HOBLI, SHIMOGA TALUK AND DISTRICT - 577 216. …APPELLANT (BY SRI. UMESH MOOHMANI, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE) AND: 1. THE SECRETARY HORAMAGHATTA VILLAGE, HOLALUR HOBLI, SHIMOGA TALUK AND DISTRICT - 577 216. 2. SMT. HANUMANTHAMMA DEAD BY HER LRS., 2(A). SRI. SHIVAPPA, S/O. MALLAPPA, AGED ABOUT 44 YEARS, 2(B). SMT. RATHNAMMA EXPIRED ON 29.8.2019 Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010271372017 NC: 2026:KHC:47324 RSA No. 706 of 2017 DELETED AS PER COURT ORDER DATED 13.3.2023 3. SRI. MAHESHWARAPPA S/O. HANUMANTHAPPA, AGED ABOUT 34 YEARS, RESIDING AT HARAMAGHATTA VILLAGE, HOLALUR HOBLI, SHIVAMOGGA TALUK AND DISTRICT - 577 216. 4. SRI. B. NARASIMHAPPA EX-SECRETARY, HARAMAGHATTA GRAMA PANCHAYATH, R/O. PALANAHALLI VILLAGE, NYAMTHI HOBLI, HONNALLI TALUK, DAVANAGERE DISTRICT - 577 002. 5. SRI. HANUMANTHAPPA (DEAD BY HER LRS) 5(A). SMT. SHARADAMMA, W/O. HANUMANTHAPPA, MAJOR, 5(B). SMT. NAGAMMA D/O. HANUMANTHAPPA, MAJOR, 5(C). SMT. CHAYADEVI D/O. HANUMANTHAPPA, AGED ABOUT 45 YEARS, 5(D). SRI. DHANANJAYA S/O. HANUMANTHAPPA, AGED ABOUT 43 YEARS, - 3 - HC-KAR CNR: KAHC010271372017 NC: 2026:KHC:47324 RSA No. 706 of 2017 5(E). SMT. PREMA D/O. HANUMANTHAPPA, AGED ABOUT 40 YEARS, 5(F). REKHA D/O. HANUMANTHAPPA, AGED ABOUT 38 YEARS, 5(G). SANGEETHA D/O. HANUMANTHAPPA, AGED ABOUT 36 YEARS, 5(H). SRI. VIRUPAKSHA S/O. HANUMANTHAPPA, AGED ABOUT 34 YEARS, RESPONDENTS NO.5(A) TO 5(H) ARE RESIDING AT HARAMAGHATTA VILLAGE, SHIMOGA TALUK - 577 216. …RESPONDENTS (BY SRI. R. GOPAL, ADVOCATE FOR R2(A) AND R3; R1, R5(A - H) ARE SERVED; R2(B) - DEAD; R4 - ABATED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.11.2016 PASSED IN RA NO.18/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM. SHIVAMOGGA DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.11.2012 PASSED IN OS NO.390/2001 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, SHIVAMOGGA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010271372017 NC: 2026:KHC:47324 RSA No. 706 of 2017 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. Memo reads as under: "The appellant in the above appeal has challenged the Judgment and decree dated 24.11.2016 passed by the learned Principal Senior Civil Judge and CJM Shivamogga in R.A.No.18/2013 dismissing the appeal and thereby confirming the judgment and decree dated 24.11.2012 passed by the learned First Addl. Civil Judge and JMFC Shivamogga in O.S.No.390/2001 dismissing the suit filed by him seeking decree of permanent injunction in respect of the suit schedule property. The Trial Court was pleased to answer issue No.4 partly in favour of the appellant. The appellant now has been advised to file a comprehensive suit seeking declaration of his title over the suit schedule property along with other consequential reliefs. In view of the above, the appellant may be permitted to withdraw the above appeal with liberty to file a fresh suit seeking declaration of - 5 - HC-KAR CNR: KAHC010271372017 NC: 2026:KHC:47324 RSA No. 706 of 2017 his title over the suit schedule property along with other consequential reliefs before the competent court by allowing this memo in the ends of justice.” Placing the memo on record, appeal stands dismissed as withdrawn. However, it is hereby clarified that in the intended suit, contesting respondents in this appeal shall have all defences to be canvassed in accordance with law. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 49