- 1 - NC: 2025:KHC:7678-DB RFA No. 1156 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.1156 OF 2017 (PAR) BETWEEN: CHIKKA SHETTY S/O. JAVARA SHETTY SINCE DEAD, REPRESENTED BY HIS LEGAL REPRESENTATIVES: 1. SMT. MANCHAMMA W/O. LATE CHIKKA SETTY AGED ABOUT 66 YEARS. 2. SRI G.C. GIRISH S/O. LATE CHIKKA SETTY AGED ABOUT 44 YEARS. 3. SRI CHANDRA S/O. LATE CHIKKA SETTY AGED ABOUT 27 YEARS. 4. SMT. MANJULA D/O. LATE CHIKKA SETTY AGED ABOUT 35 YEARS. 5. SRI SRINIVASA S/O. LATE CHIKKA SETTY AGED ABOUT 33 YEARS ALL ARE RESIDING AT GOLLARAHALLI VILLAGE Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7678-DB RFA No. 1156 of 2017 DEVALAPURA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT. …APPELLANTS (BY SRI VENKATARAMANA K.S., ADVOCATE) AND: 1. SMT. SAROJAMMA W/O. MANCHAIAH D/O. LATE VENKATASHETTY @ VENKTAPPA AGED ABOUT 50 YEARS RESIDING AT NO.101/110 1ST MAIN ROAD, 3RD CROSS HOYSALA ROAD BHUVANESHWARI COLONY BENGALURU-560 019. 2. (a) SRI RAJU SINCE DEAD, REPRESENTED BY HIS LEGAL REPRESENTATIVES: SMT. SAKAMMA W/O. LATE RAJU AGED ABOUT 45 YEARS. (b) SMT. MANJULA D/O. LATE RAJU AGED ABOUT 29 YEARS. (c) CHANDRASHEKAR S/O. LATE RAJU AGED ABOUT 27 YEARS. (d) RAMESH S/O. LATE RAJU AGED ABOUT 26 YEARS RESPONDENT NOS.2(A) TO (D) ARE RESIDING AT GOLLARAHALLI VILLAGE - 3 - NC: 2025:KHC:7678-DB RFA No. 1156 of 2017 DEVALAPURA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT. 3. SMT. YASHODAMMA W/O. LATE VENKATESH DAUGHTER-IN-LAW OF VENKATASHETTY @ VENKATAPPA AGED ABOUT 45 YEARS. 4. SMT. VARALAKSHMI D/O. LATE VENKATESH AGED ABOUT 31 YEARS. 5. SMT. MANGALA D/O. LATE VENKATESH AGED ABOUT 30 YEARS. 6. SMT. NEELA D/O. LATE VENKATESH AGED ABOUT 28 YEARS. 7. SMT. SAKAMMA D/O. LATE VENKATESH AGED ABOUT 26 YEARS. 8. SOMASHEKAR S/O. LATE VENKATESH AGED ABOUT 24 YEARS RESPONDENT NOS.3 TO 8 ARE RESIDING AT NO.82, 2ND CROSS DHOBIGHAT, HOYSALA ROAD BHUVANESHWARI COLONY BRINDAVANANAGAR BENGALURU-560 019. …RESPONDENTS (BY SRI MAYANNAGOWDA N.R., ADVOCATE, FOR R-2(A) TO (D), R-3 TO R-5 AND R-8; R-1, R-6 AND R-7 ARE SERVED AND UNREPRESENTED ) - 4 - NC: 2025:KHC:7678-DB RFA No. 1156 of 2017 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 8.3.2017 PASSED IN O.S. NO.1805 OF 2012 ON THE FILE OF THE 42ND ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH-43), PARTLY DECREEING THE SUIT FOR PARTITION. THIS REGULAR FIRST APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree rendered by the Court below in O.S.No.1805/2012 dated 08.03.2017 by urging various grounds. 2. Learned counsel for the appellants files a memo seeking withdrawal of the appeal with a liberty file appropriate proceedings in accordance with law. 3. The memo is taken on record. Consequently, the appeal is dismissed as withdrawn. However, liberty is granted as sought for. - 5 - NC: 2025:KHC:7678-DB RFA No. 1156 of 2017 Consequence upon disposal of the appeal, pending applications, if any, shall stand disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DKB List No.: 1 Sl No.: 12