- 1 - NC: 2025:KHC-D:5702-DB RFA No. 100533 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO.100533 OF 2019 (PAR/POS) BETWEEN: 1. SMT. MAYAWWA W/O. RAMAPPA HINAKUPPI, AGE: 69 YEARS, OCC: AGRICULTURE, R/O. MELAVANKI, TQ: GOKAK, DIST: BELAGAVI. 2. SMT. YAMANAWWA W/O. UDAPPA RAJAPURE, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: PAMALADINNI, TQ: GOKAK, DIST: BELAGAVI. 3. SMT. YALLAWWA W/O. SIDRAM KADAKOL, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: UPPARAHATTI, TQ: GOKAK, DIST: BELAGAVI. 4. SRI. RAMAPPA ADIVEPPA NANDI AGE: 61 YEARS, OCC: AGRICULTURE, R/O: MALADINNI, TQ: GOKAK, DIST: BELAGAVI. 5. SRI. NINGAPPA ADIVEPPA NANDI AGE: 59 YEARS, OCC: AGRICULTURE, R/O: MALADINNI, TQ: GOKAK, DIST: BELAGAVI. 6. SMT. LAKKAWWA W/O. ADIVEPPA NANDI, SINCE DIED BY HER LRs., APPELLANTS NO.1 TO 5 Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.02 16:04:07 +0530 - 2 - NC: 2025:KHC-D:5702-DB RFA No. 100533 of 2019 AND RESPONDENT NO.1. …APPELLANTS (BY SRI. CHETAN MUNNOLI AND SMT. SURABHI KULKARNI, ADVOCATES FOR A1 TO A5; A6 –DECEASED-A1 TO A5 AND R1 ARE TREATED AS LRs. OF DECEASED A6) AND: 1. SRI. YAMANAPPA ADIVEPPA NANDI AGE: 71 YEARS, OCC: AGRICULTURE, R/O MALADINNI, TQ: GOKAK, DIST: BELAGAVI. 2. SRI. VENKAPPA YAMANAPPA NANDI AGE: 32 YEARS, OCC: ADVOCATE AND AGRICULTURE, R/O MALADINNI, TQ: GOKAK, DIST: BELAGAVI. 3. SRI. ADIVEPPA YAMANAPPA NANDI AGE: 25 YEARS, OCC: AGRICULTURE, R/O. MALADINNI, TQ: GOKAK, DIST: BELAGAVI. 4. SMT. MUDAKAWWA W/O. VITHAL RAJAPURE, AGE: 71 YEARS, OCC: AGRICULTURE, R/O PAMALADINNI, TQ: GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R1 TO R3; SRI. C.S.SHETTAR AND SMT. KAVYA C.SHETTAR, ADVOCATE FOR R4) THIS RFA IS FILED UNDER SEC. 96 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 02.08.2019 PASSED IN O.S.NO.88/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA - 3 - NC: 2025:KHC-D:5702-DB RFA No. 100533 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) This matter was substantially heard. Today, a memo is filed accompanied by the affidavits of all the appellants. In the memo, appellants have sought leave to withdraw the appeal with liberty to seek revival of the same if the settlement process does not materialize. Memo is taken on record. 2. In view of the memo, the appeal is dismissed as withdrawn with liberty to seek revival of the same if the settlement process does not materialize. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE ALB Ct:vh List No.: 1 Sl No.: 12