- 1 - NC: 2025:KHC-D:291-DB RFA No. 100119 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 08TH DAY OF JANUARY 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100119 OF 2023 (PAR/POS) BETWEEN: 1. RAVINDRA S/O APPANNA GUMMANNAVAR AGE. 64 YEARS, OCC. AGRICULTURE, R/O. OPPOSITE ICICI BANK TERDAL TQ. JAMKHANDI NOW RABAKAVI-BANAHATTI DIST. BAGALKOT. …APPELLANT (BY SRI. SHIVARAJ P MUDHOL, ADVOCATE) AND: 1. SHETALKUMAR S/O MALLAPPA GUMMANAVAR AGE. 46 YEARS, OCC. PRIVATE SERVICE R/O. TERDAL NOW AT NO.786, JINA VIJAY NEAR JSS HIGH SCHOOL, GANESH TEMPLE ROAD, KONANKUNTE BENGALURU-62 2. SMT. RAJASHRI W/O MALLAPPA GUMMANAVAR AGE. 60 YEARS, Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:291-DB RFA No. 100119 of 2023 OCC. HOUSE HOLD WORK NOW AT NO.786, JINA VIJAY NEAR JSS HIGH SCHOOL, GANESH TEMPLE ROAD, KONANKUNTE BENGALURU-62 3. MALLAPPA S/O APPANNA GUMMANNAVAR AGE. 72 YEARS, OCC. AGRICULTURE AND RTD. SERVICE R/O. TERDAL NOW AT NO.786, JINA VIJAY NEAR JSS HIGH SCHOOL, GANESH TEMPLE ROAD, KONANKUNTE BENGALURU-62 4. SACHIN S/O MALLAPPA GUMMANNAVAR @ HRAWADE AGE. 40 YEARS, OCC. PRIVATE SERVICE R/O. TERDAL NOW AT NO.786, JINA VIJAY NEAR JSS HIGH SCHOOL, GANESH TEMPLE ROAD, KONANKUNTE BENGALURU-62 5. SMT SHILPASHRI W/O SHANTINATH DIGRAJA AGE. 44 YEARS, OCC. PRIVATE SERVICE R/O. NO.68, KAILASA NAGAR, DODDA KALASANDRA, 2ND STATE, KONANKUNTE CROSS BENGALURU-62. …RESPONDENTS - 3 - NC: 2025:KHC-D:291-DB RFA No. 100119 of 2023 (BY SRI. L.M. KURAHATTI, ADV FOR R1, SRI. SHRIHARSH A NEELOPANT, ADV FOR R3, NOTICE TO R2 & R4 ARE SERVED AND NOTICE TO R5 IS HELD SUFFICIENT) RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.11.2021 PASSED IN O.S.NO.195/16 (OLD NO.133/16) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BANAHATTI, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellant filed a memo seeking leave of this Court to withdraw the appeal with liberty to file revision against the finding in the impugned judgment in the appropriate proceedings. 2. Memo is placed on record. 3. Accordingly, appeal is dismissed as withdrawn with the aforesaid liberty. - 4 - NC: 2025:KHC-D:291-DB RFA No. 100119 of 2023 Office is directed to return the certified copy of the impugned judgment by retaining the photocopy of the same. In view of the dismissal of the appeal, I.A.No. 2/2023 does not survive for consideration, accordingly, disposed of. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE BVK CT: BSB List No.: 1 Sl No.: 43