- 1 - HC-KAR CNR: KAHC010286462026 NC: 2026:KHC:48257 RSA No. 721 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 721 OF 2026 (INJ) BETWEEN: SRI. DALAVAYI S. GOVINDAPPA SON OF LATE SIDRAMAPPA, AGED ABOUT 74 YEARS, RESIDING AT NO.G-005-E WEST SKY APARTMENT, 1ST CROSS, TELECOM LAYOUT, SREERAMPURA AND JAKKUR ROAD, BANGALORE - 560 064. …APPELLANT (BY SRI. A. BALAKRISHNAN, ADVOCATE) AND: 1. SMT. SHANTHA WIFE OF LATE NAGARAJAPPA, AGED ABOUT 60 YEARS, RESIDING AT KAMINAKERE, KADUR TALUK, CHICKAMAGALUR DISTRICT - 577 116. 2. SRI. C. SIDDARAMAPPA SON OF LATE CHANDRAPPA, AGED ABOUT 58 YEARS, RESIDING AT SOLLAPURA, AJJAMPURA TALUK, CHICKAMAGALUR DISTRICT - 577 550. Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010286462026 NC: 2026:KHC:48257 RSA No. 721 of 2026 3. SMT. C. LATHA, WIFE OF PUTTAPPA, AGED ABOUT 54 YEARS, RESIDING AT PANCHAKALLAIAH STREET, TARIKERE TOWN - 577 228. 4. SMT. C. BHAGYA WIFE OF SRINIVASA, AGED ABOUT 44 YEARS, RESIDING AT SIGEHADDLU, AJJAMPURA TALUK, CHICKMAGALUR DISTRICT - 577 550. …RESPONDENTS THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.01.2026, PASSED IN RA NO. 71/2022, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TARIKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.10.2022 PASSED IN OS NO. 47/2017 ON THE FILE OF THE CIVIL JUDGE AND ADDITIONAL JMFC, TARIKERE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010286462026 NC: 2026:KHC:48257 RSA No. 721 of 2026 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 for withdrawal. The memo reads as under: "The undersigned Advocate appearing for the appellant submit praying this Hon’ble Court to dismiss the above appeal as withdrawn in view of the appellant intends to file a comprehensive suit in respect of the suit schedule properties. Hence the memo.” Placing the memo on record, appeal stands dismissed as withdrawn with liberty as prayed for. It is further observed that all the defence available to the defendants who are the respondents in this appeal is kept open to be canvassed in the intended suit in accordance with law. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 60