- 1 - HC-KAR NC: 2025:KHC:44252 RFA No. 2644 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2644 OF 2024 BETWEEN: R. NATARAJU S/O LATE RUDRA AGED ABOUT 42 YEARS RESIDENT OF MALEYURU VILLAGE, HARAVE HOBLI, CHAMARAJANAGAR DISTRICT-571128 …APPELLANT (BY SRI. B SHARATH KUMAR., ADVOCATE) AND: 1. CHIKKARANGAMMA W/O LATE RACHASHETTY AGED ABOUT 80 YEARS 2. SHIVAMMA D/O LATE RACHASHETTY AGED ABOUT 55 YEARS 3. SWAMY @ NAGARAJU S/O LATE RACHASHETTY AGED ABOUT 44 YEARS 4. MAHADEVU @ NAGASHETTY S/O LATE RACHASHETTY AGED ABOUT 39 YEARS ALL ARE RESIDENTS OF BEGURU VILLAGE, BEGURU HOBLI, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44252 RFA No. 2644 of 2024 GUNDLUPETE TALUK CHAMARAJANAGAR DISTRICT 571109. 5. DODDAMMA D/O LATE RACHASHETTY AGED ABOUT 53 YEARS 6. BASAVASHETTY S/O LATE RACHASHETTY AGED ABOUT 50 YEARS BOTH ARE RESIDENTS OF BEGURU VILLAGE, BEGURU HOBLI, GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT 571109. 7. AI HAAZ NAZEER AHEMED S/O LATE AMMER JOHN AGED ABOUT 64 YEARS RESIDENT OF 121, 3RD CROSS, BANNIMANTAP C LAYOUT, MYSURU CITY 570015 DISMISSED AGAINST R7 …RESPONDENTS (BY SRI.R.C.NAGARAJ., ADVOCATE FOR C/R1 TO C/R4) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 3.09.2024 PASSED IN FDP NO.46/2019 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, GUNDLUPET., ALLOWING THE FINAL DECREE PROCEEDING ARISES OUT OF THE PRELIMINARY DECREE PASSED IN OS NO.29/2009 AS PER THE JUDGMENT AND DECREE DATED 13.10.2009. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:44252 RFA No. 2644 of 2024 ORAL JUDGMENT Learned counsel for the appellant submits that the appeal may be disposed of as withdrawn, reserving liberty in favour of the appellant to file an appropriate appeal before the jurisdictional District Court, by excluding the period spent before this Court under Section 14 of the Limitation Act for the purpose of limitation. 2. Submission of the learned counsel for the appellant is placed on record and the appeal is disposed of as withdrawn, reserving liberty to the appellant to file an appropriate appeal before the appropriate District Court. If such an appeal is filed by the appellant within a period of six weeks from today, the period spent before this Court i.e., from 27.11.2024 to 04.11.2025 shall be excluded for the purpose of limitation under Section 14 of the Limitation Act. 3. Registry is directed to return back all the papers to the appellant without any delay. - 4 - HC-KAR NC: 2025:KHC:44252 RFA No. 2644 of 2024 4. Accordingly, the appeal stands disposed of, for statistical purpose. Sd/- (S.R.KRISHNA KUMAR) JUDGE MPK List No.: 1 Sl No.: 32