- 1 - NC: 2025:KHC-D:644-DB RFA No. 100040 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR REGULAR FIRST APPEAL NO. 100040 OF 2021 (DEC/PAR) BETWEEN: SMT. RENUKA D/O. SHIVAPPA SIRASANGI AFTER MARRIAGE SMT. RENUKA W/O IRANNA TELI AGE. 52 YEARS, OCC. HOUSE HOLD WORK, R/O. FLAT NO. L/27, KAKADE PARK, TANAJI NAGAR, CHINCHWAD, PUNE-411033. …APPELLANT (BY SRI. G I GACHCHINAMATH, ADV FOR APPELLANT) AND: VISHWANATH S/O. SHIVAPPA SIRASANGI SINCE DEAD BY HIS LRS 1. SMT. SUVARNA W/O. VISHWANATH SIRASANGI AGE. 44 YEARS, OCC. HOUSE HOLD WORK, R/O. MUDDAPUR, TQ. MUDHOL, DIST. BAGALKOT. 2. NAGARAJ S/O. VISHWANATH SIRASANGI AGE. 24 YEARS, OCC. PRIVATE SERVICE, R/O. MUDDAPUR, TQ. MUDHOL, DIST. BAGALKOT. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:644-DB RFA No. 100040 of 2021 3. SRI. KIRAN S/O.VISHWANATH SIRASANGI AGE. 22 YEARS, OCC. PRIVATE SERVICE, R/O. MUDDAPUR, TQ. MUDHOL, DIST. BAGALKOT. 4. PRAKASH S/O. SHIVAPPA SIRASANGI AGE. 47 YEARS, OCC. BUSINESS, R/O. MUDDAPUR, TQ. MUDHOL, DIST. BAGALKOT. 5. JAY KAY CEM LIMITED PROJECT OFFICE, MUDHOL, DIST. BAGALKOT, REPRESENTED BY ITS DEPUTY GENERAL MANAGER, SHRI. HEMANT SHARMA …RESPONDENTS (BY SRI. K.S. PATIL, ADV FOR R5, R1 TO R4 ARE SERVED) RFA FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DTD.13.01.2021 PASSED IN O.S.NO.235/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL, ALLOWING THE SUIT FILED FOR DECLARATION, PARTITION AND SEPARATE POSSESSION & ETC. 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 RAMACHANDRA D. HUDDAR ORAL JUDGMENT - 3 - NC: 2025:KHC-D:644-DB RFA No. 100040 of 2021 (PER: THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR) Both the counsel present. 2. The learned counsel for the appellant files a memo seeking withdrawal of this appeal with a liberty to file a fresh suit. 3. It is submitted that the suit in O.S. No.235/2019 was filed by the plaintiff seeking the relief of partition and separate possession of the suit schedule properties so described in the schedule appended to the plaint. Before the trial Court, defendant Nos.1 to 4 filed an application under Order VII Rule 11(a) of the Code of Civil Procedure with a request to reject the plaint in the interest of justice and equity. The trial Court considering the submissions on both sides on the said application, rejected the plaint of the plaintiff on the ground that the sale deeds in respect of the schedule properties were much prior to cut off date 20.12.2004 as stated under the provision of Section 6 of the amended provisions of the Hindu Succession Act, 2005. On that ground, as the alienation was made much prior to the cut off date, the plaint came to be rejected. - 4 - NC: 2025:KHC-D:644-DB RFA No. 100040 of 2021 4. The learned counsel for the plaintiff contends that other than the properties described in the plaint, there are other properties available for partition. The said properties are not included in O.S. No.235/2019. Therefore, now the plaintiff seeks liberty of this Court to file an independent suit seeking partition of the suit properties which are not the subject matter of the suit. Learned counsel for the respondents submits that he has no objection for withdrawal of this appeal. Memo is placed on record. Accordingly, the appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE kmv CT: BSB