- 1 - NC: 2025:KHC:12692 RFA No. 385 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.385 OF 2025 (PAR) BETWEEN: SMT. DHANALAKSHMI W/O LATE K.NATARAJ, AGED ABOUT 82 YEARS, R/AT NO.116/A, 2ND CROSS, KHB COLONY, RAJENDRA NAGARA, KESARE, MYSURU – 570 007. …APPELLANT (BY SRI. MANJUNATH PRASAD V., ADVOCATE) AND: 1. SRI. SRINIVASAMURTHY S/O LATE K.NATARAJU, AGED ABOUT 55 YEARS, R/AT #116/A, 2ND CROSS, KHB COLONY, RAJENDRA NAGARA, KESARE, MYSURU – 570 007. 2. SMT. VIJAYA, D/O LATE K. NATARAJ, AGED ABOUT 56 YEARS, R/AT NO.116/A, 2ND CROSS, KHB COLONY, RAJENDRA NAGARA, KESARE, MYSURU – 570 007. 3. SRI. BHASKAR, S/O LATE THAMMANNA, AGED ABOUT 52 YEARS, R/AT NO.139, KAMANAKERE HUNDI, KASABA HOBLI, MYSURU TALUK, MYSURU – 570 007. …RESPONDENTS THIS R.F.A. IS FILED UNDER SECTION 96 ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:12692 RFA No. 385 of 2025 DATED 20.12.2024 PASSED IN OS NO.391/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURU. DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawal of the appeal and submits that the present appeal may be dismissed as withdrawn reserving liberty in favour of the appellant to approach the jurisdictional Appellate Court / District Court by way of a Regular Appeal (RA), which shall be filed within a period of eight weeks from today. 2. The said memo along with submission is placed on record. 3. Appeal is disposed of as withdrawn. 4. It is further directed that in the event appellant files an appeal as stated supra within a period of eight weeks from today, appellant would be entitled to the benefit of Section 14 of the Limitation Act. - 3 - NC: 2025:KHC:12692 RFA No. 385 of 2025 5. Registry is directed to return all the papers back to the appellant forthwith without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 82 CT:SK