- 1 - NC: 2025:KHC:1223 RFA No.2905/2024 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.2905/2024 (SP) BETWEEN: 1. SRI. T.V. VENKATARAVANAIAH S/O LATE VENKATAMANAIAH AGED ABOUT 53 YEARS. 2. SRI. T.V. HANUMANTHARAYAPPA S/O LATE VENKATARAMANAIAH AGED ABOUT 47 YEARS. 3. SRI. T.V. RAMAKRISHNAIAH S/O LATE VENKATARAMANAIAH AGED ABOUT 42 YEARS. APPELLANTS NO.1 TO 3 ARE R/O THIMMASANDRA VILLAGE KOLALA HOBLI KORATAGERE TALUK TUMKUR 572129. …APPELLANTS (BY SRI. SUBRAHMANYA P.D. ADV.,) AND: SMT. BHARATHA LAKSHMI W/O LATE VENKATACHALA SHETTY AGED ABOUT 72 YEARS R/O PATHAGANAHALLI VILLAGE AND POST KOLALA HOBLI, KORATAGERE TALUK TUMKUR 572129. …RESPONDENT THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC., PRAYING TO CALL FOR THE RECORDS IN Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1223 RFA No.2905/2024 O.S.NO.23/2017 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE AND JMFC, KORATAGERE. SET ASIDE THE JUDGMENT AND DECREE DTD:28.07.2023 MADE IN O.S.NO.23/2017 PASSED BY THE ITINERARY SENIOR CIVIL JUDGE AND JMFC, KORATAGERE, BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW, EQUITY AND JUSTICE & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT Learned counsel for the appellants seeks leave of the Court to withdraw the appeal with liberty to file the appeal before the appropriate Court and he has filed a memo to that effect. 2. The memo is placed on record. 3. Appeal is dismissed as withdrawn with the liberty to file the appeal before the appropriate Court. 4. Registry is directed to return the certified copy of the impugned judgment and decree on retaining the Xerox copies and refund the Court fee as per law. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 36