- 1 - HC-KAR CNR: KAHC010397672016 NC: 2026:KHC:53113 RSA No. 1562 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR SECOND APPEAL NO. 1562 OF 2016 (INJ) BETWEEN: SRI SANNATHOTTLAGOWDA S/O LATE THOTTLAGOWDA, AGED ABOUT 61 YEARS, REP BY HIS GPA HOLDER AND HIS SON DHARANESH R/AT CHIKKAMATHIGHATTA VILLAGE, DANDIGANAHALLI OBALI, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT-573 211. …APPELLANT (BY SRI. LOKESH B, ADVOCATE) AND: 1. DODDATHOTTLAGOWDA @ RAJU S/O LATE THOTTLAGOWDA @ SANNAPPA, AGED ABOUT 67 YEARS, 2. HORIGOWDA @ CHANDRU S/O THOTTLAGOWDA @ SANNAPPA, AGED ABOUT 67 YEARS, BOTH ARE R/AT CHIKKAMATHIGHATTA VILLAGE, DANDIGANAHALLI OBALI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 211. …RESPONDENTS (RESPONDENTS - SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.4.2016 PASSED IN R.A.NO.31/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AT CHANNARAYAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 6.12.2014 PASSED IN O.S.NO.151/2008 ON THE FILE OF PRL. CIVIL JDUGE AND JMFC., CHANNARAYAPATTANA. Digitally signed by VANDANA S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010397672016 NC: 2026:KHC:53113 RSA No. 1562 of 2016 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellant submits that the appeal may be disposed of as withdrawn with liberty to file a comprehensive suit seeking declaration and other reliefs before the trial Court. Memo is placed on record. Appeal is disposed of as withdrawn reserving liberty in favour of the appellant to file a comprehensive suit for declaration and other reliefs subject to all just exception, limitation and defences available to the respondents. All rival contentions on merits are kept open and no opinion expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BVV List No.: 1 Sl No.: 23