- 1 - HC-KAR NC: 2025:KHC-D:13017 RFA No. 100249 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100249 OF 2024 (PAR/POS-) BETWEEN: 1. SHANTAVVA W/O BASAVARAJ HANCHINAL, AGE 61 YEARS, OCC. HOUSEHOLD WORK, R/O. AMARGOL, TQ. HUBBALLI-580030. …APPELLANT (BY SRI. SANTOSH B. MALLIGAWAD, ADV) AND: 1. SHANKRAPPA S/O GURAPPA KATAGI SINCE DECEASED BY HIS LRS SHAKUNTALA W/O SHANKRAPPA KATAGI AGE 66 YEARS, OCC HOUSEHOLD WORK R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR, DHARWAD-580001. 2. PRASHANT S/O SHANKRAPPA KATAGI AGE 38 YEARS OCC COOLIE R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR, DHARWAD-580001. 3. CHANNAPPA SHANKRAPPA KATAGI SINCE DECEASED BY HIS LRS RAJESHWARI W/O CHANNAPA KATAGI, AGE 39 YEARS, OCC HOUSEHOLD WORK R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR, DHARWAD-580001. 4. MEGHA D/O CHANNAPPA KATAGI AGE 23 YEARS OCC STUDENT R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR, DHARWAD-580001. 5. VINAYAK S/O CHANNAPPA KATAGI AGE 20 YEARS OCC STUDENT MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13017 RFA No. 100249 of 2024 R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR, DHARWAD-580001. 6. MALLIKARJUN S/O GURAPPA KATAGI SINCE DECEASED BY HIS LRS SAVITRI W/O MALLIKARJUN KATAGI AGE 65 YEARS OCC HOUSEHOLD WORK R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR, DHARWAD-580001. 7. VIRUPAKSHA S/O MALLIKARJUN KATAGI AGE 51 YEARS OCC COOLIE R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR, DHARWAD-580001. BASAVARAJ MALLIKARJUN KATAGI DIED UNMARRIED 8. RATNA W/O HANUMANTAPPA PUJER AGE 46 YEARS, OCC HOUSEHOLD WORK, R/O GUNDANATTI, KHANAPUR DIST BELAGAVI-590001 9. SHIVAPUTRAPPA S/O GURAPPA KATAGI AGE 65 YEARS, OCC COOLIE R/O. C/O. PARVATEVVA ULLAGADDI KADROLLI ONI, MRUTYUNJAYA NAGAR, DHARWARD-580001. 10. SHIVAYOGI S/O GURAPPA KATAGI AGE 64 YEARS OCC GOVT. EMPLOYEE, R/O. BANAGAR ONI, MRUTYUNJAYANAGAR, DHARWAD-580001. …RESPONDENTS (BY SRI. I.Y. PATIL, ADV FOR R1 TO R5, SRI. P.F. NADAF, ADV FOR R6, R8 & R9, NOTICE TO R7 & R10 ARE HELD SUFFICIENT) THIS RFA IS FILED U/O. 41 RULE 1 READ WITH SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.08.2023 PASSED IN O.S.NO.199/2018 ON THE FILE OF THE PRINCIPAL SENIOR - 3 - HC-KAR NC: 2025:KHC-D:13017 RFA No. 100249 of 2024 CIVIL JUDGE AND CJM, DHARWAD, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal with liberty to file an application under Order IX Rule 13 of CPC insofar as item No.3 of the suit schedule properties. 2. Learned counsel for the appellant submits that, the appellant is not aggrieved by the judgment and decree passed by the Trial Court insofar as items No.1 and 2 of the suit schedule properties and the decree passed by the Trial Court regarding items No.1 and 2 may be confirmed. 3. Memo and submission are placed on record. - 4 - HC-KAR NC: 2025:KHC-D:13017 RFA No. 100249 of 2024 4. Learned counsel for the respondents/plaintiffs submits that, the respondents/plaintiffs will not precipitate the final decree proceedings regarding item No.3 of the suit schedule properties is concerned for a period of three months. 5. His submission is placed on record. 6. The appeal is dismissed as withdrawn with aforesaid liberty. 7. In view of dismissal of the appeal, pending interlocutory application(s), if any, shall stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB List No.: 1 Sl No.: 50