- 1 - HC-KAR NC: 2026:KHC-D:749 RFA No. 100390 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 100390 OF 2025 (DEC/INJ) BETWEEN: 1. SMT. RATHANAMMA W/O BASAVANA GOUDA, AGE: 46 YEARS, OCC: HOUSEWIFE, R/O: SANVASAPUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. 2. SMT. SHANTHAMMA W/O LATE DAYASAGAR, AGE: 43 YEARS, OCC: HOUSEWIFE, R/O: CHALLEKURIGI VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583111. 3. SMT. SAVITRAMMA @ NIRAMALA W/O H. DODDA BASAVANA GOUDA, AGE: 37 YEARS, OCC: HOUSEWIFE, R/O: H. HOSAHALLI VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. …APPELLANTS (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) AND: 1. SHRI. KURABARU SIDDAPPA S/O LATE DODDAPPA, AGE: 83 YEARS, OCC: AGRICULTURE R/O: KARUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. 2. SMT. ERAMMA W/O NAGARAJ, AGE: MAJOR, OCC: HOUSEWIFE, SISTER-IN-LAW OF LATE KURUBARA BULLAPPA, R/O: KARUR VILLAGE, SIRUGUPPA, DIST: BALLARI-583120. 3. SHRI MALLIKARJUNA S/O LATE KURUBARA BULLAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: KARUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2026.01.23 10:19:31 +0530 - 2 - HC-KAR NC: 2026:KHC-D:749 RFA No. 100390 of 2025 4. SHRI BASAVARAJ S/O LATE KURUBARA BULLAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: KARUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. 5. SHRI. VIJAY S/O LATE KURUBARA BUSHYAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: KARUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. 6. SHRI. KURABARU HANUMANTHAPPA S/O LATE GADHILINGAPPA, AGE: 56 YEARS, OCC: AGRICULTURIST, R/O: KARUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. 7. SHRI. KURABARU NATARAJA S/O LATE GADHILINGAPPA, AGE: 43 YEARS, OCC: AGRICULTURIST, R/O: KARUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. 8. SHRI. KURABARU MALLIKARJUNA S/O LATE GADHILINGAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, R/O: KARUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. 9. SRI. KURABARU BASAVARAJA S/O LATE GADHILINGAPPA, AGE: 38 YEARS, OCC: AGRICULTURIST, R/O: KARUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583120. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 29.11.2024 PASSED BY THE HON’BLE IIND ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, SITTING AT SIRUGUPPA IN O.S.NO.16/2017 AND TO ALLOW THE PRESENT APPEAL BY DECREEING THE SUIT AS PRAYED FOR BY THE APPELLANTS/PLAINTIFFS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS RFA COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:749 RFA No. 100390 of 2025 CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER The learned counsel for the appellants has filed a memo dated 22.01.2026 seeking withdrawal of the appeal, which reads as under: “The Counsel on behalf of the Appellant submits as under: That, the registry of this Hon'ble Court has raised the issue with maintainability of present Appeal and accordingly it is prayed that this Hon'ble Court be pleased to permit the Appellants to withdraw this appeal and liberty may be reserved in favour of the Appellant to appeal against the impugned judgment and decree dated 29-11-2024 passed by the Hon'ble IIND Additional Senior Civil Judge, Ballari, Sitting at Siruguppa in OS No.16/2017 before the appropriate forum. Hence, this memo and the same may be taken on record in the interest of justice.” 2. The memo is taken on record. 3. The appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (DR.K.MANMADHA RAO) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 5