- 1 - NC: 2025:KHC:8072-DB RFA No. 205 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 205 OF 2015 (PAR) BETWEEN: 1. MR. M. NAGAVARMA BALLAL AGED ABOUT 79 YEARS S/O LATE PANDYARAJ BALLAL RESIDING AT No.88, 'SHARDHA' P & T COLONY, R.T. NAGAR BENGALURU-560 032 2. MR. M. VASANTH KUMAR BALLAL AGED 76 YEARS S/O LATE PANDYARAJA BALLA RESIDING AT BALLAL'S BUILDING ALANGAR ROAD MOODABIDRI-574 227 …APPELLANTS (BY SRI. K.A. ARIGA, ADVOCATE) AND: 1. MRS. JAYANTHI RAJA RATHNA AGED ABOUT 58 YEARS W/O LATE RAJA RATHNA BALLAL RESIDING AT 378, 'GOURANGA HOUSE' 3RD STAGE, KESERE MYSURU-570 001 2. MRS. PREETHI AGED ABOUT 33 YEARS D/O LATE RAJA RATHNA BALLAL Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:8072-DB RFA No. 205 of 2015 W/O SRI. SHIVA KUMAR RESIDING AT SRI KRISHNA NEW KANDA VILAS No.60, BIG BAZAR STREET SALEM-01 3. MR. RUSHAB AGED ABOUT 14 YEARS, S/O LATE RAMESH KUMAR MINOR, REPESENTED BY HIS GUARDIAN AND GRAND MOTHER SMT. JAYANTHI RAJA RATHNA RESIDING AT 378 'GOURANGA HOUSE' 3RD STAGE, KESERE MYSURU-570 001 4. MRS. KANCHANAMALA AGED MAJOR W/O UMANTHA RAO RESIDING AT NIRMAN NAGAR NIRMAN SANDESH, 202 2ND FLOOR, THANE DISTRICT NALLA SUPRA WEST MUMBAI-401 203 5. MRS. PUSHPA SHEKAR AGED MAJOR W/O SOMESHKAR RESIDING AT No.43/6 8TH MAIN, 14TH CROSS MALLESHWARAM BANGALORE-3 6. MRS. SHOBHA KIRSHNA AGED MAJOR W/O J. KRISHNA RESIDING HOUSE No.88 SECTOR, FARIDABAD HARYANA-121 002 …RESPONDENTS - 3 - NC: 2025:KHC:8072-DB RFA No. 205 of 2015 (BY SRI. M. MANISEKAR, ADVOCATE FOR R2; R1- SERVED; SRI. K. RANJAN KUMAR, ADVOCATE FOR R4 & R5; R3-MINOR REP. BY R1; R2 & R3 ARE TREATED AS LR's OF DECEASED R1 V.C.O. DATED 29.01.2025; R6-SERVICE OF NOTICE IS HELD SUFFICIENT V.C.O. DATE 29.01.2025) THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.10.2014 PASSED IN O.S.No.50/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellants seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; - 4 - NC: 2025:KHC:8072-DB RFA No. 205 of 2015 "The appellants may be permitted to withdraw the above Appeal and the memo may be recorded accordingly in the interest of justice and equity." 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 19