- 1 - HC-KAR NC: 2026:KHC:10408 RFA No. 107 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 107 OF 2012 (INJ) BETWEEN: 1. SRI. G. THIMMAIAH S/O LATE GIRIYAPPA AGED ABOUT 57 YEARS 2. SMT. SONNAMMA S/O G. THIMMAIAH AGED ABOUT 56 YEARS 3. SRI. MUDALAGIRIYAPPA WRONGLY SHOWN AS MURALI S/O G. THIMMAIAH AGED ABOUT 36 YEARS 4. SRI. GIRIYAPPA WRONGLY SHOWN AS GIRI S/O G. THIMMAIAH AGED ABOUT 41 YEARS APPELLANTS 1 TO 4 ARE R/A NAGADEVANAHALLI GOLLARAHATTI, NEAR RING ROAD KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE-560 056. …APPELLANTS (BY SRI. M.N. UMASHANKAR, ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10408 RFA No. 107 of 2012 AND: 1. 1(A) 1(B) SRI. K. GANGAPPA SINCE DEAD BY LRs B.G. RAMESH S/O LATE K. GANGAPPA AGED ABOUT 50 YEARS G. KEMPARAJU S/O LATE K. GANGAPPA AGED ABOUT 41 YEARS BOTH ARE R/AT NO.31 2ND MAIN ROAD, JAGAJYOTHI LAYOUT NAGADEVANAHALLI GNANABHARATHI POST BENGALURU-560 056. [CAUSE TITLE AMENDED AS PER COURT ORDER DATED 04.01.2021] …RESPONDENTS (BY SRI. P. KRISHNAPPA, ADVOCATE FOR SRI. K. BHANUPRASAD, ADVOCATE FOR R1(A AND B)) THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:16.12.2011 PASSED IN O.S.2066/2007 ON THE FILE OF THE V-ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR THE PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:10408 RFA No. 107 of 2012 ORAL JUDGMENT Sri. M.N.Umashankar, learned counsel for the appellants having extensively addressed his arguments, however, sought to withdraw the appeal unconditionally. A memo is filed to that effect. Same is taken on record. 2. In view of the memo, the appeal is dismissed as withdrawn. 3. Registry to return the additional documents forthwith after securing photocopies of the same. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 19