- 1 - NC: 2025:KHC:1221 RFA No.2451/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.2451/2023 (DEC) BETWEEN: M/S. RANKA AND SHAH (PVT) LTD NO.31, CUNNINGHAM ROAD 3RD FLOOR, BENGALURU 560052 REPRESENTED BY ITS DIRECTOR SRI. PRADEEP RANKA. …APPELLANT (BY SRI. VASANTH MADHAVA S, ADV.,) AND: 1. H.N. HANUMANTHAPPA SON OF LATE KENCHAPPA AGED ABOUT 74 YEARS. 2. SMT. SAVITRAMMA W/O LATE H.K. MUNISHAMAPPA AGED ABOUT 62 YEARS. 3. H.K. KRISHNAPPA SON OF KENCHAPPA AGED ABOUT 72 YEARS. 4. H.K. SRIRAMAIAH SON OF LATE KENCHAPPA AGED ABOUT 67 YEARS. 5. H.K. NARAYANASWAMY SON OF LATE KENCHAPPA AGED ABOUT 62 YEARS. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1221 RFA No.2451/2023 NO.1 TO 5 R/AT. HUNCHUR VILLAGE, JALA HOBLI BENGALURU NORTH TALUK PIN CODE - 562157. 6. R. SHIVARAJ SON OF LATE RAMASWAMY AGED 59 YEARS RESIDING AT NO.10, 1ST MAIN 2ND CROSS, 2ND STAGE PRASHANTHANAGARA SAMPIGE LAYOUT BENGALURU 560079. 7. THE SPECIAL LAND ACQUSITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.3, 1ST CROSS, KHENI BUILDING 3RD FLOOR, GANDHINAGAR BENGALURU 560009. …RESPONDENTS (BY SRI. T.K. RAJAGOPALA, ADV., FOR CAV/R1 SRI. H.S. RAMAMURTHY, ADV., FOR CAV/R4) THIS RFA IS FILED UNDER SECTION 96 AND ORDER XLI RULE 1 OF THE CPC, 1908, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.126/2008 ON THE FILE OF THE HON'BLE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI. SET ASIDE THE IMPUGNED JUDGMENT DATED 19.09.2023 PASSED IN O.S.NO.126/2007 PASSED BY THE HON'BLE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:1221 RFA No.2451/2023 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT Learned counsel appearing for the appellant submits that the value of the present appeal is less than Rs.10,00,000/-, hence, he seeks to withdraw the appeal with liberty to file an appeal before the appropriate Court and he has filed a memo to that effect. 2. The memo is accepted. 3. Appeal is dismissed as withdrawn with the liberty as sought for. 4. Registry is directed to return the certified copy of the impugned judgment on retaining the Xerox copies. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 20