- 1 - HC-KAR NC: 2025:KHC:20924-DB RFA No. 546 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO.546 OF 2012 (PAR/POS) BETWEEN: 1. SMT SHANTHA BAI SINCE DECEASED BY HER LR’S HARI RAO, S/O LATE C H VITTAL RAO AGED ABOUT 51 YEARS, 2. UMA BAI D/O LATE SMT. SHANTHA BAI, W/O NAGARAJ.S. AGED ABOUT 48 YEARS 3. RAGHUNATHA RAO S/O LATE C.H.VITTAL RAO, AGED ABOUT 51 YEARS 4. SUDHA BAI D/O LATE SMT. SHANTHA BAI, W/O MADHAVA RAJ, AGED ABOUT 44 YEARS 5. JANARDHANA RAO S/O LATE C.H. VITTAL RAO, AGED ABOUT 41 YEARS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20924-DB RFA No. 546 of 2012 6. 6A. KRISHNOJI RAO S/O LATE C.H.VITTAL RAO, SINCE DECEASED REPRESENTED BY HIS LR’S KUM JAYANTH RAO K S/O LATE KRISHNOJI RAO & SMT. LATHA BAI, AGED ABOUT 13 YEARS R/O JANAPURA BHADRAVATHI TALUK SHIVAMOGGA DISTRICT REPRESENTED BY HIS MOTHER & MINOR GUARDIAN SMT. LATHA BAI AGED ABOUT 38 YEARS 7. VIJAYALAKSHMI D/O LATE SMT.SHANTHA BAI, W/O SHAM, AGED ABOUT 37 YEARS 8. NAGESH RAO S/O LATE C.H.VITTAL RAO AGED ABOUT 32 YEARS 9. NANDA BAI D/O LATE SMT.SHANTHA BAI, W/O SURESH RAO, AGED ABOUT 32 YEARS 10. GOPI RAO S/O LATE C.H.VITTAL RAO AGED ABOUT 28 YEARS ALL ARE R/O NO.1506, LAYADA BEEDI FORT, CHANNAPATNA TALUK, RAMANAGARAM DISTRICT. …APPELLANTS (BY SRI. S R HEGDE HUDLAMANE, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:20924-DB RFA No. 546 of 2012 AND: 1. 1a. 1b. 1c. 1d. 1e. LOKANATHA RAO KHANDE S/O LATE NARAYANA RAO KHANDE SINCE DECEASED BY HIS LR’s SMT. SONA BAI W/O LATE LOKANATHA RAO, AGED ABOUT 60 YEARS R/O SHIVAJI NAGAR RAYARA DOODI, WARD NO.27, RAMANAGARA DISTRICT – 562 159 RAMA RAO KHANDE, S/O LATE LOKANATHA RAO, AGED ABOUT 42 YEARS R/O SHIVAJI NAGAR RAYARA DOODI, WARD NO.27, RAMANAGARA DISTRICT – 562 159 TUKARAM KHANDE S/O LATE LOKANATHA RAO, AGED ABOUT 38 YEARS R/O SHIVAJI NAGAR RAYARA DOODI, WARD NO.27, RAMANAGARA DISTRICT – 562 159 LATHA BAI W/O LATE LOKANATHA RAO, AGED ABOUT 40 YEARS R/O VARADARAJA SWAMY TEMPLE ROAD NO.1523, KOTE, CHANNAPATANA RAMANAGARA DISTRICT – 562 159 HEMA BAI @ HEMAVATHI D/O LATE LOKANATHA RAO AGED ABOUT 36 YEARS R/O HEMA BEAUTY PARLOR HOMBEGOWDA COMPLEX MADDUR ROAD, MALAVALLI MANDYA DISTRICT – 571 430 - 4 - HC-KAR NC: 2025:KHC:20924-DB RFA No. 546 of 2012 1f. 1g. USHA BAI D/O LATE LOKANATHA RAO W/O BOJA RAJA AGED ABOUT 34 YEARS R/O SRI KABALAMMA MOTORS (HERO SHOWROOM) NEAR SILK MARKET, B.M.ROAD, RAMANAGARA DISTRICT – 562 159 MAMATHA BAI D/O LATE LOKANATHA RAO W/O DEVARAJ A AGED ABOUT 30 YEARS R/O 6TH CROSS, RAYARA DODDI MAGADI ROAD, RAMANAGARA DISTRICT – 562 159 2. ANNOJI RAO KHANDE S/O LATE NARAYANA RAO KHANDE AGED ABOUT 70 YEARS R/O NO.4621, SHETTIHALLI BEEDI RAMANAGARAM TOWN & DISTRICT 3. NAGANNA S/O LATE NARASIMHAIAH AGED ABOUT 40 YEARS R/O CHANNENAHALLI RAMANAGARAM TOWN & DISTRICT 4. B C RAJU S/O C CHIKKEGOWDA AGED ABOUT 45 YEARS R/A BILAGUMBA VILLAGE KASABA HOBLI RAMANAGARA TALUK & DISTRICT 5. SRICHAND S/O SHANTILAL AGED ABOUT 42 YEARS R/O M G ROAD - 5 - HC-KAR NC: 2025:KHC:20924-DB RFA No. 546 of 2012 JEWELLARY & BANKERS RAMANAGARA TOWN & DISTRICT 6. M C BORE GOWDA S/O LATE CHANDU GOWDA AGED ABOUT 40 YEARS R/O 6TH CROSS, KUVEMPU NAGAR CHANNAPATANA TALUK, RAMANAGARA TOWN & DISTRICT …RESPONDENTS (BY SRI. K S VIJAYA KUMAR, ADVOCATE FOR R2; SRI. R.B.SADASHIVAPPA, ADVOCATE FOR R1(a-g); SRI. V.V.GUNJAL AND R SHAILA KUMARI, ADVOCATES FOR R4; R3, R5 AND R6 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARAM MADE IN O.S.NO.465/2006 DATED 08.02.2012, THEREBY DISMISSING THE SUIT OF THE PLAINTIFF AND GRANT A DECREE FOR 1/3RD SHARE IN FAVOUR OF THE APPELLANT WITH REGARD TO SCHEDULE PROPERTIES, TO SECURE THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF - 6 - HC-KAR NC: 2025:KHC:20924-DB RFA No. 546 of 2012 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Memo dated 11.06.2025 is filed by Sri.S.R.Hegde Hudlamane, learned counsel for the appellants seeking leave to withdraw the appeal. 2. Memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/-, List No.: 1 Sl No.: 1