- 1 - HC-KAR NC: 2025:KHC:52871 RFA No. 2507 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2507 OF 2025 (RES) BETWEEN: AMAL RAJ S/O. LATE SRI. KALIYA PERUMAL, AGED ABOUT 51 YEARS, RESIDING AT FLAT NO.14, HKB APARTMENT, NO.168, 9TH MAIN, J.C. NAGAR, KURUBARAHALLI, BENGALURU-560 086. …APPELLANT (BY SRI. YASHAVANTH SAJJANAGOUDAR, ADVOCATE) AND: LATE. JAGDESHWARAN SINCE DEAD BY HIS LRS 1. SMT. DHANALAKSHMI W/O LATE. SRI. A.J JAGADEESWARAN, AGED ABOUT 70 YEARS, RESIDING AT NO.34, DISPENSARY ROAD, SHIVAJINAGAR, BENGALURU- 560 001. 2. SMT. SHAKUNTHALA @ NIRMALA D/O LATE SRI. A.J JAGADEESWARAN, W/O MR.ANANTHA KRISHNA, AGED ABOUT 56 YEARS, RESIDING AT AKSHAYA FLATS, A-1 FLAT, BHARATHI DASAN STREET, NEELAMANGAI NAGAR ADAM BHAKAM, CHENNAI – 600 088. 3. SMT. JAYANTHI D/O LATE SRI. A.J JAGADEESWARAN, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52871 RFA No. 2507 of 2025 W/O DR. GUNASHEKARAN, AGED ABOUT 52 YEARS, RESIDING AT NO. M 53-54, 7TH CROSS, L.N PURAM, SRIRAMAPURA, BENGALURU- 560 021. 4. KUM. KAMALA RANI D/O LATE SRI. A.J JAGADEESWARAN, AGED ABOUT 49 YEARS, RESIDING AT NO.34, DISPENSARY ROAD, SHIVAJINAGAR, BENGALURU- 560 001. 5. SMT. BHAGYA DEVI MAJOR, D/O. LATE. SRI N REDDY. NO 16, ANJANEYA TEMPLE STREET 1ST ‘A’ CROSS, PLAM GROVE ROAD, BANGALORE – 560 047. 6. SRI. NARAYANA SWAMI MAJOR, S/O. LATE. SRI N. REDDY, NEW NO. 60. COMMERCIAL STREET, BANGALORE – 560 047. 7. SMT. ASHA LATHA, MAJOR, W/O. SRI. B. SHANUMUGA SUNDER, NO.16, ANJANEYA TEMPLE STREET, 1ST CROSS, PLAM GROVE ROAD, BENGALURU- 560 047. 8. SRI VINOD KUMAR MAJOR, S/O. LATE.SMT. RATHNAKALA KUMAR, NO.16, ANJANEYA TEMPLE STREET 1ST ‘A’ CROSS, PLAM GROVE ROAD, BANGALORE – 560 047. 9. SRI. N. RAMAMURTHY, MAJOR, S/O. LATE. SRI. N. REDDY NEW NO. 60. COMMERCIAL STREET, BANGALORE – 560 047. 10. SRI N. SUNDER BABU, MAJOR, S/O. LATE. SRI. N. REDDY C/O. S.B.M, BASHAVA MARKET BRANCH, JUMMA MASJID ROAD, BANGALORE- 560 002. - 3 - HC-KAR NC: 2025:KHC:52871 RFA No. 2507 of 2025 11. SRI. KAPIL ALIAS KAPIL BATRA, MAJOR, S/O. SRI. BATRA, NEW NO. 60. COMMERCIAL STREET, BANGALORE – 560 047. …RESPONDENTS (BY SRI. VIJAYAKUMAR.R, ADVOCATE FOR R-1, R-3 & R-4) THIS RFA IS FILED UNDER SECTION 96 OF CPC,R/W ORDER XXI RULE 103 OF CPC AGAINST THE ORDER DATED 24.10.2025 PASSED ON I.A.NO.25 IN EX.NO.764/2012 ON THE FILE OF THE XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE IA. NO.25 FILED UNDER ORDER 21 RULE 101 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal reserving liberty in favour of the appellant to file a fresh suit. The said memo is placed on record. 2. Learned counsel for the respondents submits that if the appellant files such a suit, respondents should be reserved liberty to contest / defend the suit by putting forth all defences in accordance with law including condonation of bar of limitation. The said submission is placed on record. 3. Accordingly, the appeal is hereby disposed of as withdrawn without interfering with the impugned order and by - 4 - HC-KAR NC: 2025:KHC:52871 RFA No. 2507 of 2025 reserving liberty in favour of the appellant to file a fresh suit in accordance with law. If the appellant files / institutes such a fresh suit in accordance with law, the respondents would be entitled to defend / contest the suit and take up all such defences including the limitation. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.