- 1 - NC: 2025:KHC:1627 MFA No. 8713 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 8713 OF 2024 (CPC) BETWEEN: 1. SRI. RAMEGOWDA, S/O. LATE BASAVEGOWDA, AGED ABOUT 67 YEARS, 2. SRI. BASAVARAJU, S/O. LATE BASAVEGOWDA, AGED ABOUT 64 YEARS, 3. SMT. GOWRAMMA W/O. CHIKKEEREGOWDA AGED ABOUT 64 YEARS, 4. SMT. SHARADAMMA W/O. LATE MUNIGOWDA, D/O. LATE BASAVAEGOWDA, AGED ABOUT 59 YEARS, APPELLANT NO.3 AND 4 ARE R/O.GOLLAHALLI VILLAGE AND POST UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. 5. SRI. CHANDREGOWDA, S/O. LATE BASAVEGOWDA, AGED ABOUT 56 YEARS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1627 MFA No. 8713 of 2024 APPELLANT NO.1, 2 AND 5 ARE R/O.NALLAHALLI VILLAGE, HAROBELE POST, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. …APPELLANTS (BY SRI. MAHESHA.V, ADVOCATE) AND: 1. SRI. CHANNEGOWDA, S/O. KARIGOWDA, AGED ABOUT 67 YEARS, 2. SRI. ANKEGOWDA, S/O. KARIGOWDA, AGED ABOUT 62 YEARS, RESPONDENT NO.1 AND 2 ARE R/O.THAGADEGOWDANADODDI VILLAGE, I GOLLAHALLI POST, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. 3. SRI. PUTTASWAMY S/O. CHIKKANNA, AGED ABOUT 64 YEARS, 4. SRI. PUTTASWAMY @ KALAIAH S/O. CHIKKANNA, AGED ABOUT 62 YEARS, 5. SRI. KRISHNA, S/O. LATE CHIKKANNA, AGED ABOUT 59 YEARS. - 3 - NC: 2025:KHC:1627 MFA No. 8713 of 2024 ALL ARE R/O I GOLLAHALLI VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 17.12.2024 PASSED ON IA NO.1 IN O.S.NO.74/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, REJECTING THE I.A.NO. 1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Office has raised an objection regarding maintainability of the appeal as the value of the properties is below Rs.10 lakhs. 2. Learned counsel for the appellant seeking permission to withdraw the appeal with liberty to approach the District Court. 3. Submission is placed on record. 4. Accordingly, appeal is dismissed as withdrawn with a liberty to approach the District Court. - 4 - NC: 2025:KHC:1627 MFA No. 8713 of 2024 5. Office is directed to return the certified copies of the documents to the learned counsel appearing for the appellant. 6. The time consumed by this Court in pursuing this appeal shall be deducted while calculating the limitation. Sd/- (K.NATARAJAN) JUDGE PK List No.: 1 Sl No.: 18 CT: BHK