- 1 - NC: 2025:KHC:9039 RSA No. 1391 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1391 OF 2021 (PAR) BETWEEN: 1. SMT. CHIKKATHAYAMMA AGED ABOUT 42 YEARS, W/O MAHADEVAIAH. 2. SMT. MAHADEVI AGED ABOUT 33 YEARS, D/O MAHADEVAIAH. 3. SRI. MADESHA AGED ABOUT 30 YEARS, S/O MAHADEVAIAH. APPELLANTS NO.1 TO 3 ARE R/AT 3RD DIVISION, JANATHA COLONY, NANJANGUD 571 301. …APPELLANTS (BY SRI. P. NATARAJU, ADVOCATE) AND: 1. SMT. GOPAMMA AGED ABOUT 65 YEARS, W/O. LATE ANKAIAH. 2. SMT. YASHODA AGED ABOUT 37 YEARS, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9039 RSA No. 1391 of 2021 W/O. BASAVAIAH. 3. SMT. SAKAMMA AGED ABOUT 35 YEARS, W/O KEMPARAJU. RESPONDENTS NO.1 TO 3 ARE R/AT 4TH DIVISION, 19TH WARD, DR. AMBEDKAR CIRCLE, GUNDLUPETE, CHAMARAJANAGAR DISTRICT 571 111. 4. SMT. PUTTASIDDAMMA AGED ABOUT 44 YEARS, W/O DORESWAMY, R/AT MAHADEVAPRASAD NAGAR, GUNDLUPETE, CHAMARAJANAGARA DISTRICT 571 111 …RESPONDENTS (BY SRI. R.C. NAGARAJA, ADVOCATE FOR R1-R4) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.03.2019 PASSED IN RA.No.11/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.03.2018 PASSED IN OS No.63/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, GUNDLUPET. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI - 3 - NC: 2025:KHC:9039 RSA No. 1391 of 2021 ORAL JUDGMENT After arguing the matter for sometime, learned counsel for the appellant seeks leave of the court to withdraw the appeal with a liberty to file the suit for partition and separate possession in respect of item Nos.1 and 2 of the suit schedule properties. 2. Memo is placed on record. 3. Appeal is dismissed as withdrawn with aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 17 CT:SNN