- 1 - HC-KAR NC: 2025:KHC:37963-DB RFA No. 350 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 350 OF 2020 (PAR/POS) BETWEEN: DR. LATHA C. D/O LATE CHENNAKESHAVA NAIK AGED ABOUT 36 YEARS RESIDING AT C/O DR. VASANTH KUMAR RATHOD 18TH CROSS, 4TH MAIN NEAR BHUVAN BOOK STORES OPP. THIMMAIAH HOUSE GUKUL EXTENSION KYATHASANDRA TUMAKURU - 572 104. …APPELLANT (BY SRI. KISHAN G.S., ADV.) AND: 1. M. SHANTHA W/O LATE CHENNAKESHAVA NAIK AGED ABOUT 62 YEARS 2. DR. RAMESH C. S/O LATE CHENNAKESHAVA NAIK AGED ABOUT 42 YEARS. BOTH 1 & 2 RESIDING AT No.414, MUDALAGIRI NILAYA Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37963-DB RFA No. 350 of 2020 1ST CROSS CHANDRAGUPTA MOURYA ROAD BHAVANI NAGAR KEMPEGOWDA NAGAR BENGALURU - 560019. 3. DR. PRADEEP C. S/O LATE CHENNAKESHAVA NAIAK AGED ABOUT 40 YEARS R/AT #407, 1ST CROSS CHANDRAGUPTA MOURYA ROAD BHAVANI NAGAR KEMPEGOWDA NAGAR BENGALURU - 560 019. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 12.06.2019 PASSED IN OS.No.223/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:37963-DB RFA No. 350 of 2020 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. 2. Memo is taken on record. 3. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 4 Sl No.: 3