- 1 - NC: 2025:KHC-D:2407-DB RFA No. 100100 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO.100100 OF 2021 (PAR/POS) BETWEEN: 1. PRADEEP S/O RAMAPPA AGADI AGE. 26 YEARS, OCC. AGRICULTURE & BUSINESS, R/O. 10TH CROSS, MRUTUNJAYA NAGAR, RANEBENNUR-581115, TQ. RANEBENNUR, DIST. HAVERI. 2. NAVEEN S/O RAMAPPA AGADI AGE. 24 YEARS, OCC. AGRICULTURE & BUSINESS, R/O. 10TH CROSS, MRUTUNJAYA NAGAR, RANEBENNUR-581115, TQ. RANEBENNUR, DIST. HAVERI. 3. NANDA D/O RAMAPPA AGADI AGE. 28 YEARS, OCC. HOUSEHOLD, R/O. 10TH CROSS, MRUTUNJAYA NAGAR, RANEBENNUR-581115, TQ. RANEBENNUR, DIST. HAVERI. 4. SMT. SAROJA W/O RAMAPPA AGADI AGE. 49 YEARS, OCC. HOUSEHOLD, R/O. 10TH CROSS, MRUTUNJAYA NAGAR, RANEBENNUR-581115, TQ. RANEBENNUR, DIST. HAVERI. …APPELLANTS (BY SRI. A.S. PATIL, ADV) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2407-DB RFA No. 100100 of 2021 AND: 1. RAMAPPA S/O GIRIYAPPA AGADI AGE. 54 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. NADAGER ONI, BEHIND OLD TALUK OFFICE, RANEBENNUR-581115, TQ. RANEBENNUR, DIST. HAVERI. 2. GIRISH S/O KRISHNARAO DESAI AGE. 51 YEARS, OCC. ENGINEER, R/O. MRUTUNJAYA NAGAR, NEAR GAS GODOWN, RANEBENNUR-581115, TQ. RANEBENNUR, DIST. HAVERI. 3. SMT. VIJAYALAKSHMI D/O VENUGOPAL BELGAUMKAR @ VIJAYALAKSHMI W/O GIRISH DESAI, AGE. 48 YEARS, OCC. HOUSEHOLD, R/O. MRUTUNJAYA NAGAR, NEAR GAS GODOWN, RANEBENNUR-581115, TQ. RANEBENNUR, DIST. HAVERI. …RESPONDENTS (BY SRI. PRUTHVIRAJ P HITTALAMANI, ADV FOR C/R2 & R3. R1 SERVED.) THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.10.2020 PASSED IN O.S.NO.57/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, RANEBENNUR, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - NC: 2025:KHC-D:2407-DB RFA No. 100100 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellants after arguing the matter for sometime, seeks leave of the Court to withdraw the appeal with liberty to file a fresh suit as observed by the trial Court. Submission is placed on record. The appeal is dismissed as withdrawn. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE kmv CT: BSB