- 1 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2181 OF 2025 (PAR) BETWEEN: 1. V RAJESH KUMAR VARMA S/O. C.H.SUBRAYA BALLAL, AGED ABOUT 57 YEARS, 2. V CHANDRASHEKARA VARMA S/O. C.H. SUBRAYA BALLAL, AGED ABOUT 55 YEARS, 3. SMT KAVITHA V D/O. C.H.SUBRAYA BALLAL, AGED ABOUT 50 YEARS, APPELLANTS NO.1 TO 3 ARE R/AT KEREGADDE, PALACE ROAD, VITLA POST, BANTWAL TALUK, D.K. DISTRICT - 574 243. 4. SMT. SOUBHADRAMMA, W/O. RAMACHANDRA BALLAL, AGED ABOUT 60 YEARS, R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K. DISTRICT - 574 243. 5. GOPALKRISHNA VARMA, S/O. BOLIYANNA BALLAL AGED ABOUT 58 YEARS, R/AT KOJAPPADY HOUSE, POST VITTAL, BANTWAL TALUK, D.K. DISTRICT - 574 243. 6. SRI. RAMA VARMA S/O. BOLLYANNA BALLAL, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 AGED ABOUT 56 YEARS, 7. SMT.JAYALAXMI, W/O. LATE V.JANARDHANA VARMA, AGED ABOUT 67 YEARS. 8. PRAKASH. K, S/O. LATE V.RAMA VARMA, AGED ABOUT 49 YEARS, APPELLANTS NO.6 TO 8 ARE R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K.DISTRICT - 574 243, 9. SMT. VANISHREE, W/O. DINESH BALLAL, AGED ABOUT 45 YEARS, R/AT KARADKA HOUSE, HARADY, PUTTUR, D.K. DISTRICT - 574 201. 10. PRAVEEN KUMAR K., S/O. LATE V.RAMA VARMA, AGED ABOUT 36 YEARS, C/O ISHWAR AND GOPAL CHARTERED ACCOUNTAT VINAYAKA MOTOR BUILDING TIPPU SULTAN PALACE ROAD KALASIPALYA BENGALURU - 560 002 11. SANDHYA.K, D/O. LATE NANDA VARMA, W/O. CHANDRASHEKARA VARMA, AGED ABOUT 45 YEARS, R/AT LAXMI NILAYA, PALACE ROAD, VITTAL POST, BANTWAL TALUK, D.K.DISTRICT - 574 243, …APPELLANTS (BY SRI. PRASANNA V.R., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 AND: 1. V NARASIMHA VARMA S/O. LATE K. VITTALA, AGED ABOUT 55 YEARS 2. V SEETHALAXMI VARMA W/O GANESH PRASAD B D/O. LATE K. VITTAL, AGED ABOUT 48 YEARS 3. V RAJARAMA VARMA S/O. LATE K. VITTAL, AGED ABOUT 45 YEARS 4. V. VEETHADEVAKI D/O. LATE K.VITTAL, AGED ABOUT 40 YEARS 5. V R NARASIMHA S/O LATE V RAMAVARMA RAJA AGED MAJOR 6. K SADASHIVA S/O LATE V RAMAVARMA RAJA AGED MAJOR R1 TO R6 ARE R/AT VITTAL PALACE, POST VITTAL BANTWAL TALUK, D.K.DISTRICT - 574 243, 7. SMT.SRIDEVI W/O. NANDA VARMA, AGED MAJOR, R/AT NEAR VITTAL PALACE, POST VITTAL BANTWAL TALUK, D.K.DISTRICT - 574 243, 8. C.H.PALLAVI, D/O. V.CHANDRASHEKAR VARMA W/O. LAVAKUMAR BALLAL AGED ABOUT 45 YEARS, R/AT PINDIKAI HOUSE, MULLERIYA POST, - 4 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 KASARGOD DISTRICT, KERALA STATE - 671543 9. C.H.PRASANNA, D/O. V.CHANDRASHEKAR VARMA, W/O. PADMANABHA BALLAL, AGED ABOUT 27 YEARS, R/AT ADWALA HOUSE, BELLUR, KASARGOD DISTRICT, KERALA - 671 543. 10. C.H. PAVITHRA, D/O. V.CHANDRASHEKARA VARMA, W/O. SHARATH BALLAL, AGED ABOUT 34 YEARS, R/AT NEAR OLD PALACE, YERUMBU, ALIKE VILLAGE, SATHYASAL VIHARA POST, BANTWAL TALUK, D.K. DISTRICT - 574 243, 11. SMT. SOUBHADRAMMA W/O. V. KRISHNA VARMA, AGED MAJOR, R/AT VITTAL PALACE, VITTAL POST, BANTWAL TALUK. D.K. DISTRICT - 574 243, 12. SMT. V.INDIRA W/O. LATE KRISHNAYYA BALLAL, AGED MAJOR, R/AT VITTAL PALACE, VITTAL POST, BANTWAL TALUK. D.K.DISTRICT - 574 243, 13. V.K.ASHA KIRAN, W/O. B. SASHIKANTHA, D/O. LATE KRISHNAYYA BALLAL, AGED ABOUT 45 YEARS, R/AT BALLORU HOUSE, POST BERIPADAVU, KASARGOD TALUK AND DISTRICT, - 5 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 KERALA STATE 14. VIJAYA NARASIMHA VARMA S/O. LATE KRISHNAYYA BALLAL, AGED ABOUT 43 YEARS, 15. V K ANUPAMA D/O. LATE KRISHNAYYA BALLAL, AGED ABOUT 40 YEARS, 16. SHUBHA KIRAN V R W/O SHIVAPRASAD C H AGED ABOUT 42 YEARS, 17. SHASHIKIRAN VARMA S/O LATE RAMACHANDRA BALLAL, AGED ABOUT 39 YEARS, 18. ARUN KUMAR VARMA S/O LATE RAMACHANDRA BALLAL, AGED ABOUT 37 YEARS, R14 TO R18 ARE R/AT VITTAL PALACE, VITTAL POST, BANTWAL TALUK, D.K. D.K.DISTRICT - 574 243, 19. ANANDA BALLAL, S/O. LATE NARASIMHAVARMA, R/AT VITTAL PALACE, POST VITLA, BANTWAL TALUK, D.K. D.K.DISTRICT - 574 243, 20. SMT. KUSUMA W/O. KRISHNA VARMA R/AT NEAR VITTAL PALACE, VITLA POST, BANTWAL TALUK, D.K.DISTRICT - 574 243, 21. SUBRAMANYA BALLAL, S/O. LATE NARASIMHA VARMA, - 6 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 22. JANARDHANA BALLAL S/O. LATE NARASIMHA VARMA, R21 TO R22 ARE R/AT VITTAL PALACE, VITLA POST, BANTWAL TALUK, D.K.DISTRICT - 574 243, 23. SMT. DEVAKI AMMA, W/O. LATE V. NARASIMHA VARMA, AGED ABOUT 69 YEARS, 24. SMT ANUPAMA K W/O. NAVEEN KUMAR J.B. D/O. LATE V.NARASIMHA VARMA, AGED ABOUT 48 YEARS, R/AT CONFIDENT ATIK, NEAR SOMPUTA GATE, SARJAPUR ROAD, BENGALURU - 562 125. 25. MURALI MANOHAR S/O. LATE V.NARASIMHA VARMA, AGED ABOUT 46 YEARS, R23 TO R25 ARE ALL R/AT NEAR VIVEKANANDA POLYTECHNIC, PADDEYARU POST, PADNOOR, PUTTUR TALUK, D.K.DISTRICT - 574 201. 26. NANDAVA VARMA, S/O. LATE THIMMAYA BALLAL, AGED MAJOR, R/AT NEAR VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K.DISTRICT - 574 243, 27. KRISHNA VARMA, S/O. LATE THIMMAYA BALLAL, AGED MAJOR, R/AT NEAR VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K.DISTRICT - 574 243, - 7 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 28. SMT.CHELUVAMMA, W/O. VISHWANATHA BALLAL, AGE MAJOR, R/AT AMERI POST, POSALIKE, CHEPPARU, KASARAGOD TALUK KERALA STATE - 29. SMT. SEETHAMMA, W/O. RAMACHANDRA BALLAL, AGED MAJOR, 30. SMT. ROOPAKKA, W/O. SADASHIVA VITTAL PALACE, AGED MAJOR, 31. SMT. CHELUVAMMA W/O. VITTAL K, AGED MAJOR, R29 TO R31 ARE R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K.DISTRICT - 574 243, 32. ANANDA VARMA, AGED MAJOR, S/O. PADMANABHA BALLAL, R/AT ALVARU HOUSE, POST S.S VIHAR, ALIKE, BANTWAL TALUK. D.K.DISTRICT - 574 243, 33. SMT.SEETHAMMA W/O. RAGHURAMA BALLAL A (HEADMASTER) AGED MAJOR, R/AT BOMBAMULE HOUSE, R/O. MULLERIYA, KASARGODU DISTRICT. KERALA STATE 34. VEENA, W/O. LATE SUBRAMANYA VARMA, AGED ABOUT 57 YEARS, - 8 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 35. SARVAMANGALA D/O. LATE SUBRAMANYA VARMA, AGED ABOUT 40 YEARS, 36. PADMARAJ A S/O. LATE SUBRAMANYA VARMA, AGED ABOUT 35 YEARS, 37. RADHAKRISHNA S/O. PADMANABHA BALLAL, AGED MAJOR, R34 TO R37 ARE R/AT ALAWARA HOUSE, YERUMBU, ALIKE VILLAGE, S.S.VIHARA POST, BANTWAL TALUK, D.K.DISTRICT - 574 243, 38. SHIVAPRASAD, S/O. LATE V. KRISHNA VARMA. AGED MAJOR, 39. SMT VEENA C H W/O V NARASIMHA VARMA AGED MAJOR, 40. SARASWATHI W/O LATE V THIRUMALA VARMA AGED ABOUT 73 YEARS, 41. YASHAVANTHA KUMAR S/O LATE V THIRUMALA VARMA AGED ABOUT 48 YEARS 42. SMT SUJATHA D/O SANTHOSH BALLAL D/O LATE V THIRUMALA VARMA AGED ABOUT 46 YEARS , R38 TO R42 ARE R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K.DISTRICT - 574 243, 43. GANGADHAR BALLAL, - 9 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 S/O. LATE V.THIRUMALA VARMA, AGED ABOUT 54 YEARS, R/AT NO.25, 1ST MAIN ROAD, DEVARAJ ARAS NAGAR, OLD GUDDADAHALLI, GOVT. ELECTRIC FACTORY, BENGALURU - 560 026. 44. MADHUSUDANA K.J., S/O. LATE V.JANARDHANA VARMA, AGE MAJOR. R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K.DISTRICT - 574 243, 45. SMT.BHAGIRATHI W/O. LATE V.RAMA VARMA AGED ABOUT 71 YEARS. R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK D.K.DISTRICT - 574 243, 46. SMT SUPRABHA W/.O. HARISH RAJ, D/O. LATE V. RAMA VARMA AGED ABOUT 49 YEARS, R/AT RAM NIVAS, MUGULIMOOLE, KANAKODU, MULLERIA POST, KERALA STATE. 47. KARTHIK V.K. S/O. LATE V.RAMA VARMA, AGED ABOUT 47 YEARS. 48. V.CHNDRASHEKARA VARMA, S/O. LATE DAMODARA BALLAL AGE MAJOR, 49. SMT.V.INDIRA, W/O. LATE KRISHNAYYA BALLAL, AGE MAJOR, 50. V.SHRIKANTHA VARMA, - 10 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 S/O. LATE DAMODARA BALLAL AGE MAJOR, 51. SMT.SHARADA, W/O. LATE V.RAMA VARMA, AGED ABOUT 87 YEARS, 52. KRISHNAYYA S/O. LATE V.RAMA VARMA, AGED ABOUT 59 YEARS, R47 TO R52 ARE R/AT VITTAL PALACE, VITLA POST, BANTWAL TALUK, D.K.DISTRICT - 574 243 53. SMT. DIVYASHREE, W/O. LATE PRASAD, AGED ABOUT 52 YEARS, 54. HITHAISI D/O. LATE PRASAD, AGED MAJOR R53 AND R54 ARE R/AT C/O. A.B.DINESH BALLAL, S/O. NARAYANA BALLAL, PINDIKAL HOUSE, KARADKA VILLAGE, KASARGOD POST AND TALUK, KERALA STATE 55. C.H. SUBRAYA BALLAL, S/O. FATHERS NAME NOT KNOWN, AGED ABOUT 87 YEARS, R/AT NEAR KEREGADDE, PALACE ROAD, VITLA POST, BANTWAL TALUK, D.K.DISTRICT - 574 243 56. SMT. V. ANANTHA LAXMI W/O. C.H. BANGARU BALLAL, AGED ABOUT 63 YEARS, R/AT VITTAL PALACE, VITTAL POST, BANTWAL TALUK. - 11 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 D.K. DISTRICT - 574 243 57. PREMA, W/O. LATE V.THIRUMALA VARMA, AGED ABOUT 59 YEARS. 58. NANDA KISHORE S/O. LATE V.THIRUMALA VARMA, AGED ABOUT 39 YEARS. R57 AND R58 ARE R/AT VARADARAJA COMPOUND, KOMBETTU, PUTTUR, D.K.DISTRICT - 574 201 59. SMT.SRIDEVI W/O.NANDA VARMA. AGED MAJOR, 60. SMT MAHALAXMI W/O CHANDRASHEKAR VARMA AGED MAJOR, 61. SMT DEVAKI AMMA W/O JANARDHANA BALLAL AGED MAJOR, R59 TO R61 ARE R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K.DISTRICT - 574 243, 62. JANARDHANA VARMA S/O. BOLIYANNA BALLAL, AGED MAJOR, R/AT KOJEPPADY HOUSE, POST VITTAL, BANTWAL TALUK, D.K. DISTRICT - 574 243, 63. SMT. SEETHALAKSHMI W/O. SADANANDA BALLAL AGED MAJOR, R/AT BOMBA MULE HOUSE, POST MULLERIYA KASARGOD DISTRICT, KERALA STATE 64. SEETHAMMA - 12 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 W/O. LATE NANDA VARMA AGED ABOUT 64 YEARS. 65. SMT SEETHALAKSHMI W/O SADANANDA BALLAL AGED ABOUT 64 YEARS. R64 AND R65 ARE R/AT VITTAL PALACE, VITTAL POST, BANTWAL TALUK, D.K.DISTRICT - 574 243. 66. VARALAXMI V.R. D/O. LATE NANDA VARMA W/O. RADHAKRISHNA VARMA AGED ABOUT 45 YEARS, R/AT ALUVARA HOUSE, YERUMBU, ALIKE VILLAGE, SATHYA SAI VIHARA POST, BANTWAL TALUK - 574 235. 67. POORNIMA K, D/O. LATE NANDA VARMA, W/O.RAMAKRISHNA K.B., AGED ABOUT 48 YEARS, R/AT CHIPPER MEGINABEEDU, P.O.AMMERI, VIA UPPALA, KASARGOD DISTRICT, KERALA STATE - 671 322. 68. VIDYA K.B D/O. LATE NANDA VARMA W/O. RAMAKRISHNA BALLAL, AGED MAJOR, MANJESHWARA TALUK, R/AT BALLOOR BEEDU HOUSE, P.O.BERIPADAVU, VIA UPPALA, KASARGOD DISTRICT, KERALA STATE - 671 322. 69. SMT. SOUBHADRAMMA, W/O. LATE RAMAYYA BALLAL, AGED MAJOR, R/AT PANDAJE HOUSE, - 13 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 YERUMBU, ALLKE VILLAGE, SATHYA SAL VIHARA POST, BANTWAL TALUK - 574 235. 70. SMT. SEETHAMMA W/O. LATE JANARDHANA BALLAL, AGED MAJOR, R/AT SRI NILAYA, CROSS ROAD VITTAL, VITTAL POST, BANTWAL TALUK, D.K.DISTRICT 574 243, 71. BANGARU BALLAL S/O. LATE ADITHYA VARMA RAJ AGED MAJOR, 72. SMT.DEVAKI AMMA W/O. LATE MADHAVA VARMA, AGED MAJOR, R71 AND R72 ARE R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K. DISTRICT - 574 243 73. SMT.SEETHAMMA, W/O. KRISHNA VARMA, AGED MAJOR, R/AT POSRAMULE HOUSE, YERUMBU, ALIKE VILLAGE, SATHYA SAI VIHARA POST, BANTWAL TALUK - 574 235. 74. PARVATHI AMMA C.H., W/O. LATE JANARDHANA VARMA, AGED ABOUT 87 YEARS, 75. C H RADHAKRISHNA BALLAL S/O. LATE JANARDHANA VARMA, AGED ABOUT 65 YEARS, 76. C H JAYARAMA BALLAL S/O. LATE JANARDHANA VARMA, AGED ABOUT 61 YEARS, - 14 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 77. MAHESH KUMAR CH S/O. LATE JANARDHANA VARMA, MAJOR , R74 TO R77 ARE R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K.DISTRICT - 574 243, 78. SMT RUKUMINI W/O. KRISHNA VARMA AGED MAJOR, R/AT PANDAJE HOUSE, YERUMBU, ALIKE VILLAGE, SATHYA SAI VIHARA POST, BANTWAL TALUK, D.K.DISTRICT - 574235. 79. ADITHYA VARMA S/O.MADHAVA VARMA AGED MAJOR, R/AT VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K.DISTRICT - 574 243, 80. SMT.C.H. SHOBHA W/O. RAMAKRISHNA BALLAL AGED MAJOR, R/AT CHAIMBER MULE KANAKODU, KASARGODU VILLAGE, KASARAGOD DISTRICT, KERALA STATE 81. MISS POORNIMA D/O.MADHAVA VARMA AGED MAJOR, 82. NARASIMHA VARMA S/O. LATE CHANDRAYYA BALLAL, AGED MAJOR, 83. KRISHNA VARMA, S/O. LATE CHANDRAYYA BALLAL, - 15 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 AGED MAJOR, R81 TO R83 ARE R/AT VITTAL PALACE, POST VITTAL BANTWAL TALUK, D.K.DISTRICT - 574 243, 84. SHIVARAMA BALLAL, S/O. ADVALABEEDU BANGARU BALLAL, AGE MAJOR, R/AT KAJAMUNDA HOUSE, POST BELLURU VIA MULLERIYA, KASARAGOD DISTRICT. 85. THIRUMALA VARMA S/O. LATE CHANDRA BALLAL AGE MAJOR, VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K. 86. SUBRAMANYA VARMA, S/O. LATE CHANDRAYYA BALLAL, AGE MAJOR, VITTAL PALACE, POST VITTAL, BANTWAL TALUK, D.K. 87. ADITHYA VARMA S/O. LATE CHANDRAYYA BALLAL AGE MAJOR, R/AT MARQUE LINES SRIRANGA, 165/13 DORESWAMY PALYA BANNERA GATTA ROAD, BANGALORE. 88. KRISHNA VARMA, S/O. RAMAYYA BALLAL, R/AT YERUMBU, ALIKE VILLAGE, SATHYA SAI VIHARA POST, BANTWAL TALUK, D.K.DISTRICT - 574235. 89. GANGADHAR VARMA S/O. RAMAYYA BALLAL, - 16 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 R/AT YERUMBU, ALIKE VILLAGE, SATHYA SAI VIHARA POST, BANTWAL TALUK, D.K.DISTRICT - 574235. 90. SMT. CHELUVAMMA, W/O. ANANDA BALLAL, VITTAL PALACE, POST VITTAL, VITTAL KASBA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 243, 91. NARAYANA POOJARY S/O. BABU @ ESHWARA POOJARY AGED MAJOR, R/AT NIDDIYA LOCALITY, VITTAL KASBA VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 243, …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 11.10.2023 PASSED IN FDP NO.2/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BANTWAL.D.K, ALLOWING THE PETITION FILED UNDER ORDER 20 RULE 18 R/W SEC.54 AND 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 17 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellants files a memo seeking permission to withdraw the appeal. The said memo is taken on record and the same reads as under: "MEMO FOR RETURN OF APPEAL PAPERS FOR RE-PRESENTATION BEFORE THE APPROPRIATE COURT The Appellate respectfully submits that the present appeal is arising out of the Judgment and Final Decree dated 10.11.2023 in FDP.No.2/2023 on the file of the learned Senior Civil Judge and JMFC, Bantwal, D.K. District. The said FDP.No.2/2013 was instituted pursuant to the Judgment and Preliminary Decree dated:13.07.2012 in OS.No.66/2006 (Old OS.No.87/2003) passed by the learned Senior Civil Judge and JMFC, Bantwal, D.K. District. As per the suit valuation, the subject matter of the suit property involved was valued at Rs.10,06,341=50 and Plaintiff's 1/6th share was valued at Rs.1,67,723=50 for the purpose of Court Fee, whereas, for the purpose of jurisdiction, the suit property was valued at Rs.37,87,500=00 and Plantiff's 1/6th share was valued at Rs.6,31,250=00. - 18 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 In view of the above, the appeal would lie before the learned District and Sessions Judge, D.K., Mangalore, as the Judgment and Decree impugned was passed by the learned Senior Civil Judge and JMFC., BAntwal, D.K.District. Therefore, it is respectfully prayed that this Hon'ble Court may be pleased to direct the Registry to return the appeal papers with all Annexures and IA with affidavits to represent the same before the proper court within a time frame, in the interest of justice and equity." 2. Learned counsel for the appellants submits that the appeal may be disposed as withdrawn reserving liberty in favour of the appellants to file an appeal before the District Court by executing the period of limitation spent in the present appeal before this Court under Section 14 of the Limitation Act, 1963. 3. The said submission is placed on record. 4. Accordingly, the appeal is disposed as withdrawn, reserving liberty in favour of the appellants to file an appeal before the jurisdictional Appellate Court. - 19 - HC-KAR NC: 2025:KHC:47597 RFA No. 2181 of 2025 5. If such an appeal is filed before the jurisdictional Appellate Court, within a period of eight (8) weeks from today, the entire period from the date of filing of the present appeal i.e., 12.09.2025 till today shall be excluded for the purpose of limitation under Section 14 of the Limitation Act, 1963. 6. Registry is directed to return all the papers back to the learned counsel for the appellants forthwith without any delay Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 68 CT:PS