- 1 - HC-KAR NC: 2025:KHC:19538-DB RFA No. 160 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 160 OF 2018 (PAR) BETWEEN: 1. SRI. R. RADHAKRISHNA PILLAI S/O SRI. RAGHAVAN PILLAI AGED ABOUT 48 YEARS R/AT:No.5, DUVARAYAM 1ST CROSS, R.R. LAYOUT NEA JUBILEE SCHOOL VIJANAPAURA BENGALURU-560 016 2. SRI. P. SUNIL KUMAR S/O SRI. K.C.R. NAMBIAR AGED ABOUT 48 YEARS R/AT No.3, SREEPADAM HORAMAVU MAIN ROAD RAMAMURTHYNAGAR BENGALURU-560 016 3. SRI. K. SUDHISH S/O SRI. KRUNAKARA AGED ABOUT 38 YEARS R/AT: HORAMAVU MAIN ROAD RAMAMAURTHYNAGAR BENGALURU-560 016 …APPELLANTS (BY SRI. PATTABI RAMAN C., ADVOCATE) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19538-DB RFA No. 160 of 2018 AND: 1. SMT. K.V. SHASHIKALA W/O SRI. DHANANJAYA AGED ABOUT 24 YEARS R/AT: KURUBARAHALLI VILLAGE VEMGAL HOBLI, KOLAR TALUK-563 102 2. KUMARI. K.V. KUSUMITHA D/O SRI. N.VENKATESH AGED ABOUT 10 YEARS MINOR REPRESENTED BY HER MOTHER SMT. D. SHARADAMMA R/AT: KURUBARAHALLI VILLAGE VEMGAL HOBLI, KOLAR TALUK-563 102 3. SMT. MAMATHA NAGARAJA W/O SRI. B.C. NAGARAJU AGED ABOUT 45 YEARS R/AT: WARD No.85 DODDANEKKDUNDI KARTHIKNAGAR A.R.D.E. LAYOUT, 1ST CROSS DOOR No.201, RING ROAD MARTHAHALLI BENGALURU-560 037 4. SRI. N. SAMPANNA S/O SRI. C. NAGAPPA AGED ABOUT 57 YEARS 5. SRI. N. VENKATESH S/O SRI. C. NAGAPPA AGED ABOUT 47 YAERS 6. SRI. RAMAKRISHNA S/O SRI. C. NAGAPPA AGED ABOUT 45 YEARS RESPONDENTS No.4 TO 6 ARE R/AT: KURUBARAHALLI VILLAGE - 3 - HC-KAR NC: 2025:KHC:19538-DB RFA No. 160 of 2018 VEMGAL HOBLI KOLAR TALUK AND DISTRICT-563 102 …RESPONDENTS (BY R2 & R5 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SEC.96 AND ORDER XLI RULE 1 AND 2 OF CPC, PRAYING TO JUDGMENT AND DECREE DATED 12.12.2017 PASSED IN O.S. No.192/2015 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, KOLAR PARTLY DECREEING SUIT FOR PARTITION AND 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 DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellants has filed a memo seeking withdrawal of the appeal as not pressed and for return of the original documents marked as Annexure-*'D' series. 2. Learned counsel appearing for the appellant in the connected appeal RFA No.1244/2021 submits that RFA No.160/2018 may be dismissed as withdrawn, however without prejudice to the contentions of the appellant in RFA No.1244/2021 and on the condition that withdrawal of RFA *Corrected as per the Chambers Order dated 09.07.2025 - 4 - HC-KAR NC: 2025:KHC:19538-DB RFA No. 160 of 2018 No.160/2018 will not prejudice the contentions of the parties in RFA No.1244/2021. 3. In the above view of the matter, this appeal is dismissed as withdrawn. The original documents produced by the appellants shall be returned to the appellants on proper identification after substituting with certified copies of the same. It is made clear that withdrawal of RFA No.160/2018 will not prejudice the contentions of the appellant in RFA 1244/2021. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 28