- 1 - HC-KAR NC: 2025:KHC:32101 RFA No. 2454 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 2454 OF 2023 (PAR) BETWEEN: 1. SMT. RAMAKKA W/O CHIKKEERALAKAPPA, AGED ABOUT 83 YEARS, RESIDING AT NERALAKERE VILLAGE, MIDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 133. 2. SMT. LAKKAMMA W/O M.C. RANGANATH, AGED ABOUT 65 YEARS, RESIDING AT NERALAKERE VILLAGE, MIDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 133. …APPELLANTS (BY SRI. NARENDRA BABU H.L, ADVOCATE FOR SRI. PUNITH C, ADVOCATE) AND: 1. SMT JAYAMMA WIFE OF CHIGALAKKAPPA, AGED ABOUT 72 YEARS, RESIDING AT NERALAKERE VILLAGE, MIDIGESHI HOBLI, MADHUGIRI TALUK, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32101 RFA No. 2454 of 2023 TUMAKURU DISTRICT - 572 133. 2. SMT. PUSHPALATHA W/O HANUMANTHARAYAPPA, AGED ABOUT 45 YEARS, RESIDING AT NERALAKERE VILLAGE, MIDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 133. 3. SMT. C ANITHA W/O RAMESH, AGED ABOUT 42 YEARS, RESIDING AT NERALAKERE VILLAGE, MIDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 133. 4. SRI. GOVINDARAJU S/O LATE NARASEEYAPPA, AGED ABOUT 55 YEARS, RESIDING AT NERALAKERE VILLAGE, MIDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 133. …RESPONDENTS (BY SRI. K.P. BHUVAN, ADVOCATE FOR R1 TO R3; NOTICE TO R4 IS SERVED AND UNREPRESENTED) THIS RFA FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.09.2023 PASSED IN OS.NO.110/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, PARTLY DECREEING THE SUIT FOR PARTITION. - 3 - HC-KAR NC: 2025:KHC:32101 RFA No. 2454 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellants submits that respondents have filed R.A.No.5001/2024 before the IV Additional District and Sessions Judge, Madhugiri. It is submitted by the learned counsel that present appeal before this Court is not maintainable as the plaintiff's share is less than Rs.10 Lakhs and seeks for withdrawal of the appeal with liberty to prefer Regular Appeal before the appropriate Court and files a memo to that effect. 2. The submission is recorded and the memo is placed on record. 3. In view of the memo, the appellants are permitted to withdraw the appeal with liberty to approach the appropriate Court in accordance with law. It is needless - 4 - HC-KAR NC: 2025:KHC:32101 RFA No. 2454 of 2023 to observe that the appellants would avail the benefit of Section 14 of the Limitation Act, 1963. 4. TCR to be transferred to the concerned Court. 5. For statistical purpose, the appeal stands disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA YN List No.: 1 Sl No.: 12 CT: BHK