- 1 - HC-KAR NC: 2025:KHC-K:3537-DB RFA No. 200156 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS. JUSTICE K S HEMALEKHA REGULAR FIRST APPEAL NO.200156 OF 2025 (PAR/POS) BETWEEN: MATOSHRI GURUSANGAMMA MUKKANNAPPA KORI VIDYAVARDHAK SANGH REP. BY ITS SECRETARY SHRIDHAR S/O SHARANAPPA KORI, AGE: 60 YEARS, OCC: SECRETARY-MGMKVS AT: MUDDEBIHAL - 586 212 DIST : VIJAYAPURA. …APPELLANT (BY SRI. SHIVAPRASAD B. SAJJAN, ADVOCATE) AND: 1. SRIDEVI D/O. MALLAPPA KORI, W/O. MAHANTESH GODI, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: MADIVALAR CHAWL, BAILHONGAL, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3537-DB RFA No. 200156 of 2025 AT: BAILHONGAL - 591 102, DIST: BELGAVI. 2. SUNANDA W/O. MALLAPPA KORI, AGE: 77 YEARS, OCC: HOUSEHOLD WORK, AT: DHAVALAGI - 586 116, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 3. VIJAYMAHANTESH, S/O. MALLAPPA KORI, AGE: 51 YEARS, OCC: AGRICULTURE, AT: DHAVALAGI- 586 116 TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 4. SAMPATHKUMAR S/O MALLAPPA KORI, AGE: 49 YEARS, OCC: AGRICULTURE, AT: DHAVALAGI - 586 116, TQ: MUDDEBIHAL, DIST: VIJAYAPURA. 5. AKKAMAHADEVI D/O MALLAPPA KORI, AGE: 47 YEARS, OCC: TEACHER, R/O: MARUTI NAGAR, AT: MUDDEBIHAL- 586 212, DIST: VIJAYAPURA. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC-K:3537-DB RFA No. 200156 of 2025 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC 1908, PRAYING TO SET ASIDE THE ‘JUDGMENT & PRELIMINARY DECREE’ DATED:20.12.2024, PASSED BY THE SENIOR CIVIL JUDGE & J.M.F.C., AT MUDDEBIHAL, THEREIN O.S.NO.125/2023, AND CONSEQUENTLY DISMISS SAID SUIT, IN SO FAR AS IT RELATES AND IS MADE APPLICABLE TO TWO OF THE SUIT PROPERTIES I.E. AGRICULTURAL LANDS SHOWN AT SL.NOS.(PÀ) R.SY.NO.180/1UÀ, ADMEASURING 5 ACRES 8 GUNTAS, SITUATED AT BIDARAKUNDI VILLAGE, OF MUDDEBIHAL TALUQ IN VIJAYAPURA DISTRICT & (qÀ) R.SY.NO.90/3, ADMEASURING 3 ACRES, SITUATED AT MUDDEBIHAL TOWN AND TALUQ, OF VIJAYAPURA DISTRICT, OF SCHEDULE-B TO THE PLAINT, IN O.S.NO.125/2023 AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA - 4 - HC-KAR NC: 2025:KHC-K:3537-DB RFA No. 200156 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K S HEMALEKHA) After arguing the matter for sometime, learned counsel for the appellant seeks to withdraw the appeal and files a memo to that effect. The memo reads as under: “1. In view of the law that title of a third party by adverse possession cannot be gone into in a suit for partition, the present appeal is not maintainable. 2. That, the proper legal recourse would be for the appellant-Education Society to file a separate suit for declaration of title and permanent injunction. 3. Wherefore, under said facts and circumstances, it is most humbly and respectfully prayed that this Hon’ble High Court may kindly be pleased to permit the appellant-Education Society to withdraw the present appeal and take the proper legal recourse of filing a separate suit for declaration of title against the respondents, to meet the ends of justice, equity and good conscience.” - 5 - HC-KAR NC: 2025:KHC-K:3537-DB RFA No. 200156 of 2025 2. In view of the submission and memo filed, the appeal is dismissed as withdrawn, with liberty to seek appropriate remedy in accordance with law, if so advised. 3. Pending I.A.Nos.1/2025, 2/2025, 3/2025 and 4/2025 do not survive for consideration and are accordingly, dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE MCR List No.: 1 Sl No.: 17 CT:NI