- 1 - NC: 2025:KHC-D:1408-DB RFA No. 100540 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100540 OF 2018 (PAR/POS) BETWEEN: 1. ANNAPPAGOUDA HANUMANTHAGOUDA PATIL, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: KARAMUDI VILLAGE-582209, TQ: RON, DIST: GADAG. …APPELLANT (BY SRI. C.S. SHETTAR, ADV) AND: 1. HANUMANTHAGOUDA KALLANAGOUDA PATIL AGE: 66 YEARS, OCC: AGRICULTURE, R/O: KARAMUDI VILLAGE-582209, TQ: RON, DIST: GADAG. 2. DEVAKKA W/O HANUMANTHAGOUDA PATIL AGE: 51 YEARS, OCC: AGRICULTURE, R/O: KARAMUDI VILLAGE-582209, TQ: RON, DIST: GADAG. 3. SHASHIKALA W/O HANUMANTHAGOUDA PATIL AGE: 51 YEARS, Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1408-DB RFA No. 100540 of 2018 OCC: AGRICULTURE, R/O: KARAMUDI VILLAGE-582209, TQ: RON, DIST: GADAG. 4. HONNAPPAGOUDA HANUMANTHAGOUDA PATIL AGE: 31 YEARS, OCC: AGRICULTURE, R/O: KARAMUDI VILLAGE-582209, TQ: RON, DIST: GADAG. 5. KALLANAGOUDA HANUMANTHAGOUDA PATIL AGE: 36 YEARS, OCC: AGRICULTURE, R/O: KARAMUDI VILLAGE-582209, TQ: RON, DIST: GADAG. …RESPONDENTS (BY SRI. IRANAGOUDA K KABBUR, ADV FOR R3 TO R5 NOTICE TO R2 IS SERVED, V/O. DATED 31.07.2024, BRINGING LR’S OF DECEASED R1 IS DISPENSED WITH) THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.09.2018 PASSED IN O.S.NO.53/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RON, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED 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:1408-DB RFA No. 100540 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellant filed an application in I.A.No.1/2025 seeking leave of the court to withdraw the appeal. 2. Learned Counsel for the appellant submits that the appellant restricts his prayer for withdrawal of the appeal and not for the withdrawal of the suit. 3. In support of the application filed an affidavit stating that the appellant aggrieved by the judgment and decree dated 28.09.2018 passed in O.S.No.53/2017, filed this appeal. During the pendency of this appeal, his father passed away. Since, on demise of his father, he is entitled for a share in the properties left by his deceased father. The right to sue survives and a cause of action now accrued on the demise of his father. Hence, seeks leave of the court to withdraw the appeal with a liberty to file a suit for partition and separate possession. - 4 - NC: 2025:KHC-D:1408-DB RFA No. 100540 of 2018 4. Learned Counsel for the respondents submits no objection to allow the application. 5. Accepting the reasons assigned in the application accompanying the affidavit, I.A.No.1/2025 is allowed. 6. The appellant is permitted to withdraw the appeal with liberty to file a fresh suit for partition and separate possession. 7. Accordingly, the appeal is dismissed as withdrawn. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE SKS CT: BSB