- 1 - HC-KAR NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 269 OF 2016 (PAR) C/W REGULAR FIRST APPEAL NO. 1588 OF 2015 (PAR) IN RFA No. 269/2016 BETWEEN: 1. SRI. VENKATESH S/O.KENCHAIAH, AGED ABOUT 60 YEARS, 2. SRI. K MOHAN S/O.KENCHAIAH, AGED ABOUT 55 YEARS, 3. KUM. K VIJAYA D/O.LATE KENCHAIAH, AGED ABOUT 43 YEARS, 4. SMT. K SHARADAMMA D/O.LATE KENCHAIAH, AGED ABOUT 60 YEARS, APPELLANTS 1 AND 4 ARE R/AT AGASARA BEEDHI, CHIKKAMAGALURU. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015 5. SMT. LEELA W/O.LATE K.CHANDRASHEKAR, AGED ABOUT 55 YEARS, 6. SRI. HARISH S/O LATE K.CHANDRASHEKAR, AGED ABOUT 30 YEARS, 7. SRI. ARUNA S/O.LATE K.CHANDRASHEKAR, AGED ABOUT 29 YEARS, APPELLANTS 5 TO 7 ARE R/O NEAR CANARA BANK, DHOBHI STREET, CHIKKAMAGALURU – 577 101. …APPELLANTS (BY SRI. P N NANJA REDDY, ADVOCATE) AND: 1. SMT. ANNAPURNA W/O. LATE D. K. DHARMAPPA, AGED ABOUT 59 YEARS, 2. SRI. MANJUNATH S/O.LATE D.K.DHARMAPPA, AGED ABOUT 33 YEARS, 3. SRI. DIVAKARA S/O.LATE D.K.DHARMAPPA, AGED ABOUT 29 YEARS, - 3 - HC-KAR NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015 4. SMT. KAVITHA D/O.LATE D.K.DHARMAPPA, AGED ABOUT 34 YEARS, RESPONDENTS 1 TO 4 ARE R/O NO.14 "DARPANA", BEHIND SAHYADRI COLLEGE, MATTUR ROD, SHIMOGA – 577 201. 5. SRI. B.P. JAGADEESH S/O PUTTANNA, AGED ABOUT: MAJOR 6. SRI. B P GIRISH S/O PUTTANNA, AGED ABOUT: MAJOR, R/O SHETTY STREET, CHIKKAMAGALURU – 577 101. …RESPONDENTS (BY SRI. N.SHANKARANARAYANA BHAT, ADVOCATE FOR R1-R4; SRI. C R RAVISHANKAR, ADVOCATE FOR R5 & R6) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.08.2015 PASSED IN OS.NO.108/2011 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, CHIKKAMAGALURU AND ETC., IN RFA NO. 1588/2015 BETWEEN: 1. SMT. ANNAPOORNA - 4 - HC-KAR NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015 AGED ABOUT 58 YEARS, W/O. LATE D.K. DHARMAPPA, RESIDING AT "SIDDESWARA KRUPA", 1ST CROSS, VIDYANAGAR, SHIMOGA - 577 204. 2. SRI. D. MANJUNATH AGED ABOUT 37 YEARS, S/O. LATE D.K. DHARMAPPA, RESIDING AT "SIDDESWARA KRUPA", 1ST CROSS, VIDYANAGAR, SHIMOGA - 577 204. 3. SRI. D. DIWAKAR AGED ABOUT 33 YEARS, S/O. LATE D.K. DHARMAPPA, RESIDING AT "SIDDESWARA KRUPA", 1ST CROSS, VIDYANAGAR, SHIMOGA - 577 204. 4. SMT. D. KAVITHA AGED ABOUT 38 YEARS, D/O. LATE D.K. DHARMAPPA, RESIDING AT "SIDDESWARA KRUPA", 1ST CROSS, VIDYANAGAR, SHIMOGA - 577 204. ...APPELLANTS (BY SRI. SHANKARANARAYANA BHAT N, ADVOCATE) AND: 1. SRI. VENKATESH AGED ABOUT 59 YEARS, S/O. LATE KENCHAIAH, RESIDING AT BANASHANKARAMMA, TEMPLE STREET, - 5 - HC-KAR NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015 NEAR CANARA BANK, 1ST CROSS, CHIKKAMAGALURU - 577 101. 2. SRI. K. MOHAN AGED ABOUT 54 YEARS, S/O. LATE KENCHAIAH, RESIDING AT BANASHANKARAMMA, TEMPLE STREET, NEAR CANARA BANK, 1ST CROSS, CHIKKAMAGALURU - 577 101. 3. SMT. K. VIJAYA AGED ABOUT 47 YEARS, D/O. LATE KENCHAIAH, RESIDING AT AGASARA BEEDI, CHIKKAMAGALURU - 577 101. 4. SMT. SHARADAMMA K AGED ABOUT 50 YEARS, D/O. LATE KENCHAIAH, RESIDING AT AGASARA BEEDI, CHIKKAMAGALURU - 577 101. 5. SMT. LEELA AGED ABOUT 54 YEARS, W/O. LATE K. CHANDRASHEKAR, RESIDING NEAR CANARA BANK, DHOBHI STREET, CHIKKAMAGALURU - 577 101. 6. SRI. HARISH AGED ABOUT 29 YEARS, S/O. LATE K. CHANDRASHEKAR, RESIDING NEAR CANARA BANK, DHOBHI STREET, CHIKKAMAGALURU - 577 101. - 6 - HC-KAR NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015 7. SMT. ARUNA AGED ABOUT 28 YEARS, D/O. LATE K. CHANDRASHEKAR, RESIDING NEAR CANARA BANK, DHOBHI STREET, CHIKKAMAGALURU - 577 101. 8. SRI. B.P. JAGADEESH MAJOR IN AGE, S/O. PUTTANNA, RESIDING AT SHETTY STREET, CHIKKAMAGALURU - 577 101. 9. SRI.B.P. GIRISH MAJOR IN AGE, S/O. PUTTANNA, RESIDING AT SHETTY STREET, CHIKKAMAGALURU - 577 101. ...RESPONDENTS (BY SRI. JANARADHANA G, ADVOCATE FOR R1-R7; SRI. C R RAVISHANKAR, ADVOCATE FOR R8 & R9) THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.08.2015 PASSED IN O.S.No.108/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, CHIKKAMAGALURU AND ETC., THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 7 - HC-KAR NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. Learned counsel for the appellants has filed memos in both cases seeking permission of this Court to withdraw these appeals. 2. Considering the statement made in both the memos, we dismiss these appeals as withdrawn. 3. In view of the dismissal of these appeals, pending IA’s, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 1