- 1 - HC-KAR NC: 2025:KHC:39295 RSA No. 1463 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1463 OF 2025 (SP) BETWEEN: SRI. B M SATHYANARAYANAREDDY S/O LATE MALLAREDDY, AGED ABOUT 53 YEARS, R/O BALLASAMUDRA VILLAGE, NAGALAMADIKE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT - 572 136 …APPELLANT (BY SRI. G. NARASI REDDY., ADVOCATE) AND: SMT. SANJEEVAMMA W/O LATE NARAYANAPPA SINCE DEAD BY HER LRS 1. SRI RAMANJINAREDDY, S/O LATE NARAYANAPPA, AGED ABOUT 53 YEARS 2. SRI. SUDHAKAR REDDY S/O LATE NARAYANAPPA, AGED ABOUT 51 YEARS 3. SRI VENKATARAMAREDDY S/O LATE NARAYANAPPA, AGED ABOUT 47 YEARS THE RESPONDENTS NO.1 TO 3 ARE RESIDING AT NO. 20/1 5TH CROSS, 10TH MAIN, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39295 RSA No. 1463 of 2025 SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU - 560 003. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.07.2025 PASSED IN RA NO.3/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT PAVAGADA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 17.12.2016 PASSED IN OS NO.126/2014 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, PAVAGADA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER A memo is filed by learned counsel for the appellant. Memo reads as under: “The appellant submits that in view of the office objections raised by the office, the appellant may file an MSA against the remand order passed by the lower appellate Court. Hence this appeal may be disposed of with liberty to file proper appeal before this Hon’ble Court. Therefore, return the certified copies of the orders filed in this appeal. The appellant may be permitted to withdraw the appeal as not pressed.” Placing the memo on record, appeal is dismissed as not maintainable. - 3 - HC-KAR NC: 2025:KHC:39295 RSA No. 1463 of 2025 However, dismissal of the present appeal shall not come in the way of appellant filing appropriate proceedings in accordance with law. Time spent before this Court, in this appeal, shall be excluded in the intended proceedings under Section 14 of the Limitation Act. Office is directed to return the original documents after keeping the photo copies of the same. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 16