- 1 - HC-KAR NC: 2025:KHC:50450 RFA No. 2659 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2659 OF 2025 BETWEEN: 1. SRI. N. SHIVAKUMAR S/O NARASAPPA AGED ABOUT 48 YEARS RESIDING AT NO.29/A BAPUJINAGAR, BENGALURU-560026. …APPELLANT (BY SRI. A. NAGARAJAPPA, ADVOCATE) AND: 1. LAKSHMI PRASAD .C.S S/O LATE SAROJAMMA AGED ABOUT 55 YEARS R/O.NO.649, NANDANIK ROAYAL PARK RESIDENCY J.P.NAGAR, 9TH PHASE AVALAHALLI, BENGALURU-560062. 2. 2(A) SESHAMMA (ALSO CALLED SMT.RAMA) W/O.LATE G.NAGARAJA RAO SINCE DECEASED AND REPRESENTED BY HER DAUGHTERS AND PLAINTIFFS SOUMYA D/O.G.NAGARAJA RAO AGED ABOUT 54 YEARS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50450 RFA No. 2659 of 2025 R/AT NO.76/38/1, PRATHUSTI 19TH MAIN ROAD, PADMANABHANAGAR BENGALURU-560070. 2(B) SUMANA D/O.G.NAGARAJA RAO AGED ABOUT 45 YEARS R/AT NO.41, 5TH CROSS ROAD DHANALAKSHMI LAYOUT TINDLU MAIN ROAD VIDHYARANAYAPURA POST BENGALURU-560097. 3. S.V.RAMA RAO HUSBAND OF LATE SHANTHALAKSHMI AGED ABOUT 94 YEARS 4. MRUDULA D/O. SHANTHALAKSHMI AGED ABOUT 58 YEARS 5. MADHAVI D/O. SHANTHALAKSHMI AGED ABOUT 38 YEARS R3, 4 AND 5 ARE RESIDING AT NO. 498, EAST END MAIN ROAD 9TH BLOCK, JAYANAGARA BENGALURU-560069. 6. G.R.SHARADAMMA D/O. LATE RANGAMMA W/O. LATE K.SHANKAR AGED ABOUT 85 YEARS R/AT NO.60/87, EAST END 'B' MAIN ROAD, 9TH BLOCK JAYANAGARA, BENGALURU-560069. 7. B.A.JAMUNA W/O. LATE G.R. KRISHNAMURTHY - 3 - HC-KAR NC: 2025:KHC:50450 RFA No. 2659 of 2025 7(A) SINCE DECEASED AND REPRESENTED BY HIS SON G.K.SUDHEER S/O. LATE G.R.KRISHNAMURTHY AGED ABOUT 44 YEARS 7(B) G.K.SWAROOP S/O. LATE G.R.KRISHNAMURTHY AGED ABOUT 42 YEARS R7(A) AND 7(B) ARE R/O NO.155 4TH MAIN ROAD, 3RD STAGE 3RD BLOCK, BASAVESHWARANAGAR BENGALURU-560079. 8. T.M.BASAVARAJU S/O.H.G.MYLARAPPA AGED ABOUT 42 YEARS R/AT R.T.NAGAR, KOTTI TOPPU TUMAKURU TOWN 9. PRASHANTH S/O. LATE SAROJAMMA AGED ABOUT 45 YEARS 10. SUGUNA DAUGHTER IN LAW OF LATE SAROJAMMA AND W/O. LATE SHASHISHEKAR AGED ABOUT 42 YEARS 11. HARSHITHA D/O. SHASHISHEKAR AGED ABOUT 42 YEARS R8 TO R11 ARE RESIDING AT NO.649, 'NANDANIK' ROAYAL PARK RESIDENCY, J.P.NAGAR 9TH PHASE, AVALAHALLI BENGALURU-560062. - 4 - HC-KAR NC: 2025:KHC:50450 RFA No. 2659 of 2025 12. S.R.PRASANNA SIMHA S/O. SHANTHALAKSHMI AGED ABOUT 54 YEARS 13. MADHUMATHI D/O. LATE SHANTHALAKSHMI AGED ABOUT 40 YEARS R12 AND R13 ARE RESIDING AT NO.498, EASTERN MAIN ROAD 9TH E, JAYANAGAR BENGALURU-560069. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 13.10.2025 PASSED IN FDP NO.40/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, C/C III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, ALLOWING THE PETITION FILED UNDER ORDER 20 RULE 18 R/W SEC.54 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 dated 03.12.2025 seeking withdrawal of the appeal with liberty to file an appeal before the jurisdictional Appellate Court/District Court. 2. Memo is placed on record. 3. Appeal is disposed of as withdrawn, reserving liberty in favour of the appellant to file an appeal before the jurisdictional - 5 - HC-KAR NC: 2025:KHC:50450 RFA No. 2659 of 2025 Appellate Court. If such an appeal is filed within a period of four weeks from today, the appellant would be entitled to the benefit under Section 14 of the Limitation Act. 4. Registry is directed to return all the documents/records to the appellant forthwith, to enable compliance of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE NBM List No.: 1 Sl No.: 34