- 1 - HC-KAR NC: 2026:KHC:13824 RFA No. 2107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 2107 OF 2025 (DEC/INJ) BETWEEN: 1. SHIVA HEGDE S/O. JAVARA HEGDE, AGED ABOUT 68 YEARS, 2. DINESH HEGDE S/O. JAVARA HEGDE, AGED ABOUT 52 YEARS, BOTH ARE R/AT MOSALE KOPPALU VILLAGE, KASABA HOBLI, K.R. PETE TALUK, MANDYA DISTRICT-571423. …APPELLANTS (BY SMT/MISS. CYNTHIA.P., ADV. FOR SRI PAVAN KUMAR Y.N, ADV.) AND: 1. KRISHNEGOWDA S/O. LATE BOREGOWDA, MAJOR, 2. ANNAIAH S/O. LATE BOREGOWDA, MAJOR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13824 RFA No. 2107 of 2025 3. SURESHA S/O. LATE BOREGOWDA, MAJOR, RESPONDENT Nos.1 TO 3 ARE R/AT MOSALE KOPPALU VILLAGE, KASABA HOBLI, K.R. PETE TALUK, MANDYA DISTRICT-571423 4. SUNANDA D/O. JAVARA HEGDE, AGED ABOUT 50 YEARS, R/AT NO. 74/1, KARNALI STREET, KALKUNIKE, HUNSURU TOWN, MYSORE DISTRICT-571 105. 5. GOWRAMMA D/O. KALA HEGDE, W/O. KALAIAH, AGED ABOUT 52 YEARS, R/AT B. HONNENAHALLI VILLAGE DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 405. 6. SAKAMMA D/O. KALA HEGDE, W/O. RAMA HEGDE, AGED ABOUT 51 YEARS, R/AT MOSALE KOPPALU VILLAGE, KASABA HOBLI, K.R. PETE TALUK, MANDYA DISTRICT-571423 7. KAMALAMMA @ KEMPAMMA D/O. KALA HEGDE, - 3 - HC-KAR NC: 2026:KHC:13824 RFA No. 2107 of 2025 W/O. LATE RAMA HEGDE, AGED ABOUT 56 YEARS, 8. SHIVANNA D/O. NINGAMMA, AGED ABOUT 47 YEARS, 9. BHARATHI D/O. NINGAMMA, AGED ABOUT 45 YEARS, 10. SAVITHA D/O. NINGAMMA, AGED ABOUT 43 YEARS, RESPONDENT No.7 TO 10 ARE R/AT B. HULLUKERE, KOTTATTI HOBLI, MANDYA TALUK, MANDYA DISTRICT-571423 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DT.12.06.2025 PASSED IN OS.NO.52/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KRISHNARAJAPETE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION, AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:13824 RFA No. 2107 of 2025 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT A memo is filed by the learned counsel for the appellants stating that the appellant has already filed a regular appeal before the District Court at Srirangapatna and therefore, this appeal does not survive for consideration before this Court. 2. In view of the memo, this appeal is dismissed as withdrawn. 3. All contentions urged in this appeal is permitted to be raised in R.A.No.5055/2025 pending before the District Court at Srirangapatna. Sd/- (R. NATARAJ) JUDGE SSB