- 1 - NC: 2025:KHC:15510 RFA No. 822 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL No.822 OF 2025 (PAR) BETWEEN: SAVITHRI W/O MUTHUSWAMY P., D/O. N. SUBRAMANYA, AGED ABOUT 53 YEARS, R/AT VADARAGUDI VILLAGE, KASABA HOBLI, HEGGADEDEVANA KOTE TALUK, MYSURU DISTRICT- 571 114. …APPELLANT (BY SMT.LAKSHMI DEVI.K FOR SRI PRASANNA V R, ADVOCATES) AND: 1. SRI N SUBRAMANYA S/O LATE NANJAPPA, AGED 78 YEARS, 2. SMT. BHADRAMMA, W/O. N. SUBRAMANYA, AGED 73 YEARS, 3. SMT. DHANALAKSHMI, W/O. SHIVAKUMAR, D/O. N. SUBRAMANYA, AGED ABOUT 47 YEARS, RESPONDENT NOS.1 TO 3 ARE ALL RESIDING AT VADARAGUDI VILLAGE, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15510 RFA No. 822 of 2025 KASABA HOBLI, HEGGADEDEVANA KOTE TALUK, MYSURU DISTRICT- 571 114 4. SMT. SARASWATHI, W/O. MAHENDRA, D/O. N. SUBRAMANYA, AGED ABOUT 48 YEARS, R/AT HUNDIMALAGRAM, BILIKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT- 571 105 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 10.01.2025 PASSED IN O.S.NO.75/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, H.D.KOTE, DISMISSING 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 the memo dated 15.04.2025 which reads as under: “The appellant respectfully submits that based on the valuation, the appeal is to be filed before District Court, as such, the appellant may be permitted to withdraw the same with liberty to represent before District Court the Registry may kindly be directed to return all the papers - 3 - NC: 2025:KHC:15510 RFA No. 822 of 2025 IA’s and documents to represent before District Court, in the ends of justice.” 2. The memo is placed on record. 3. The appeal is dismissed as withdrawn with liberty as prayed for. 4. If the appellant approaches the District Court within a period of six weeks from today, the appellant would be entitled to the benefit of Section 14 of the Limitation Act. 5. Registry is directed to return the original/certified copies of the documents filed in the present appeal, after retaining photocopy of the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE kcm List No.: 1 Sl No.: 62