- 1 - HC-KAR NC: 2025:KHC:33168 RFA No. 1897 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1897 OF 2023 (RES) BETWEEN: SMT. JAYASHREE, AGED ABOUT 57 YEARS, W/O SHEKAR G. SHETTY, R/AT JAYASHREE NILAYA, BELUR KONABAGE, POST DEVASTHANA BETTU, BELUR VILLAGE, KUNDAPURA TALUK-576201. PRESENTLY RESIDING AT NO.1275, 4TH CROSS, 4TH MAIN, NAGAPPA BLOCK, SRIRAMPURA, BENGALURU-560 021. …APPELLANT (BY SMT. M. VRINDA HEBBAR, ADVOCATE FOR SRI K. SHRIHARI, ADVOCATE) AND: 1. SHEKAR G. SHETTY S/O LATE GOVINDA SHETTY, R/O HESINABERU, IDOOR, KUNJANADY VILLAGE, KUNDAPURA TALUK-576201. 2. SANTHOSH G. SHETTY S/O LATE MANJAIAH SHETTY, AGED ABOUT 46 YEARS, RESIDENT AT SHIVASHAKTHI NILAYA, HESINABERU, IDOOR, KUNJANADY VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576201. …RESPONDENTS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33168 RFA No. 1897 of 2023 THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 17.06.2023 PASSED ON I.A.NO.V IN EX.C.NO.22/2017 (IN O.S.NO.6/2014) ON THE FILE OF THE SENIOR CIVIL JUDGE, KUNDAPURA, DISMISSING THE I.A.NO.V FILED UNDER ORDER 21 RULE 99 AND U/S 151 OF CPC. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Office has raised objection regarding maintainability of the appeal. The subject matter of the suit is not more than Rs.10,00,000/-. Hence, appeal is not maintainable. Learned counsel for the appellant files memo to withdraw the appeal, with liberty to approach the appropriate Court. The memo reads as under : - “The undersigned counsel submits and prays that this Hon’ble Court may permit the appellant to withdraw this appeal, reserving liberty to file a fresh appeal under the appropriate jurisdiction in the interest of justice and equity.” Memo is taken on record. - 3 - HC-KAR NC: 2025:KHC:33168 RFA No. 1897 of 2023 Appeal is disposed of as withdrawn, with liberty as prayed for. Liberty is reserved to the appellant to seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law. Sd/- ________________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 59