- 1 - HC-KAR NC: 2025:KHC:36406 RFA No. 848 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.848 OF 2025 (PAR) BETWEEN: 1. SMT. NARAYANAMMA W/O. LATE RAMANJINAPPA, AGED ABOUT 70 YEARS, 2. SRI ANILKUMAR .R S/O. LATE RAMANJINAPPA, AGED ABOUT 23 YEARS, 3. SRI MANUKUMAR S/O. LATE RAMANJINAPPA, AGED ABOUT 21 YEARS, ALL ARE RESIDENTS OF SEEKAYANAHALLI VILLAGE, KUNDANA HOBLI, VISHWANATHAPURA POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT- 562 110. …APPELLANTS (BY SRI SHREENEVASA K.L., ADVOCATE) AND: 1. SMT. ANANDAMMA W/O MUKUNDAPPA, D/ O LATE BYRAPPA, AGED ABOUT 52 YEARS, RESIDING AT BOYLAHALLI VILLAGE, B.K.HALLI POST, JALA HOBLI, YELAHAMKA TALUK, BENGALURU-560 064. 2. SMT. PAPAMMA (DIED DURING THE PENDENCY OF THE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36406 RFA No. 848 of 2025 SUIT IN TRAIL COURT AND HER L.Rs. WERE ALL READY ON RECORD) 3. SRI. KEMPEGOWDA, S/O LATE BYRAPPA, AGED ABOUT 45 YEARS, 4. SRI BACCHEGOWDA., S/O LATE BYRAPPA, AGED ABOUT 39 YEARS, ALL ARE RESIDENTS OF SEEKAYANAHALLI VILLAGE, KUNDANA HOBLI, VISHWANATHAPURA POST, DEVANHALLI TALUK, BENGALURU RURAL DISTRICT-562 110. 5. SRI. RAMESH, S/O LATE BYRAPPA, AGED ABOUT 43 YEARS, P.S.R. PEVILION, NO.G-5, GUDDADAHALLI MAIN ROAD, HEBBALA, BENGALLURU-560 024. 6. SRI SURESH, S/O LATE BYRAPPA, AGED ABOUT 41 YEARS, 7. SRI MUNIRAJU, (SINCE DEAD UNMARRIED NO. LRS) RESPONDENT NO.6 IS RESIDING AT NO.20/1, AMCO LAYOUT, MARUTHINAGAR, KODIGENAHALLI MAIN ROAD, BENGALURU-560092. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT DATED 06.01.2025 PASSED IN O.S.NO.310/2017 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI AND C/C OF IIND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI., DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. - 3 - HC-KAR NC: 2025:KHC:36406 RFA No. 848 of 2025 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellants files memo, which reads as under: “The undersigned council for Appellants prays that this Hon’ble Court to permit the Appellants to Withdraw the above appeal with the liberty to file an appeal before the jurisdictional lower Appellant court to meet the ends of justice.” 2. Memo is taken on record. 3. In view of memo, the appeal is dismissed as withdrawn with liberty as prayed for. 4. Liberty is reserved to the appellants to seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law. Registry to return back the certified copies. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT / List No.: 1 Sl No.: 50