- 1 - HC-KAR NC: 2025:KHC:30407 RFA No. 1532 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 1532 OF 2025 (PAR) BETWEEN: SRI ANJINAPPA S/O. LATE CHIKKAYELLAPPA AGED ABOUT 54 YEARS, R/AT NO.66, 5TH CROSS, MANGAMMANAPALYA, 3RD SECTOR, HSR LAYOUT, YELLUKUNTE, BENGALURU SOUTH - 560 068. …APPELLANT (BY SRI AKASH V.T., ADVOCATE) AND: 1. SRI C. RAMESH S/O. LATE CHIKKAYELLAPPA AGED ABOUT 52 YEARS, R/AT NO.66, 5TH CROSS, MANGAMANAPALYA, 3RD SECTOR, HSR LAYOUT, YELLUKUNTE, BENGALURU SOUTH - 560 068. 2. SMT. MUNIYAMMA W/O. LATE CHIKKAYELLAPPA AGED ABOUT 84 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30407 RFA No. 1532 of 2025 3. SMT. GUPALAMMA D/O. LATE CHIKKAYELLAPPA AGED ABOUT 64 YEARS, 4. SMT. MUNIKAVERAMMA D/O. LATE CHIKKAYELLAPPA AGED ABOUT 62 YEARS, 5. SMT. MUNILAKSHMAMMA D/O. LATE CHIKKAYELLAPPA AGED ABOUT 60 YEARS, 6. SMT. SUNANDAMMA D/O. LATE CHIKKAYELLAPPA AGED ABOUT 58 YEARS, 7. SRI. SRINIVAS S/O. LATE CHIKKAYELLAPPA AGED ABOUT 56 YEARS, RESPONDENT NOS.2 TO 7 ARE R/AT NO.66, 5TH CROSS, MANGAMANAPALYA, 3RD SECTOR, HSR LAYOUT, YELLUKUNTE, BENGALURU SOUTH - 560 068. 8. SMT. MANJULA G., W/O. C. SRINIVAS AGED ABOUT 43 YEARS, R/AT NO.157, 5TH CROSS, YELLAKUNTE, H.S.R LAYOUT, 3RD SECTOR, BOMMANAHALLI, BEGUR HOBLI, - 3 - HC-KAR NC: 2025:KHC:30407 RFA No. 1532 of 2025 BENGALURU SOUTH, BENGALURU - 560 068. 9. SRI. N. MAHESHWARA REDDY, S/O. LATE N. GURIVI REDDY AGED ABOUT 59 YEARS R/AT FLAT NO.214, SHIVAPRAKRUTHI APARTMENT TALACAUVERY LAYOUT, AMRUTHAHALLI, BYATARAYANAPURA, BENGALURU - 560 092. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF C.P.C., 1908 PRAYING TO CALL ON FOR RECORDS IN OS No.886/2021 FROM THE FILE OF THE HON'BLE II ADDITIOTNAL SENIOR CIVIL JUDGE AND JMFC, AT ANEKAL AND SET-ASIDE THE IMPUGNED ORDER DATED 23.04.2025 PASSED BY THE HON'BLE II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C., AT ANEKAL, IN O.S.NO.886/2021 AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 05.08.2025 which reads as under: "The undersigned counsel for the appellant most humbly submits that in view of Section 19(1) of the Karnataka Civil Court Act, the subject value - 4 - HC-KAR NC: 2025:KHC:30407 RFA No. 1532 of 2025 of the Suit Schedule property does not exceeds Rupees Ten Lakhs. In that view of the matter, the appellant may kindly be permitted to withdraw the Instant Appeal with liberty to file an appeal before the District Court with the benefit of Section 14 of the Limitation Act in the interest of justice and equity." 2. Memo is taken on record. 3. In view of memo, the appeal is dismissed as withdrawn with liberty as prayed in the memo. It is needless to observe that the appellant shall be entitled to seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law. Sd/- ______________________ JUSTICE K.S. HEMALEKHA DDU List No.: 1 Sl No.: 44