- 1 - HC-KAR NC: 2025:KHC:35170 RSA No. 1824 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1824 OF 2024 (DEC/INJ) BETWEEN: 1. SMT. LAKSHMI K LAKSHMAN W/O SRIRAM D K AGED ABOUT 58 YEARS 2. KUM. POOJA DANDINSHIVIRA D/O SRIRAM D K AGED ABOUT 28 YEARS R/AT DOOR NO. 2971/9 6TH MAIN, MCC B BLOCK DAVANAGERE - 577 006. …APPELLANTS (BY SMT. SARVAMANGALA CHIKKANAGOUDAR, ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE) AND: SRI. NAGARAJAIAH S/O LATE SIDDARAMAIAH AGED ABOUT 47 YEARS BUSINESSMAN, R/AT 84, B BLOCK ROSE GARDEN APARTMENTS NEAR VENKATESHWARA TEMPLE YELAHANKA OLD TOWN BENGALURU - 560 010. …RESPONDENT (BY SRI. BASAVARAJU P, ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.10.2024 PASSED IN Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35170 RSA No. 1824 of 2024 RA NO.75/2023 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 16.03.2023 PASSED IN OS NO. 392/2021 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, DAVANAGERE AND THE MATTER IS REMANDED BACK TO THE TRIAL COURT U/O 41 RULE 23A OF CPC WITH A DIRECTION TO TRIAL COURT TO RE- REGISTER THIS SUIT TO ITS ORIGINAL NUMBER FOR FRESH DISPOSAL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant has filed a memo for withdrawal. The memo reads as under: "It is submitted that, the matter is wrongly filed as Regular Second Appeal whereas it ought to have been filed as Misc. Second Appeal. Hence, the Court may kindly permit the appellant to withdraw the appeal with a liberty to file the same as Misc. Second Appeal. The time spent in this appeal may kindly be excluded while calculating the limitation. Hence, this memo. 2. Memo is taken on record. - 3 - HC-KAR NC: 2025:KHC:35170 RSA No. 1824 of 2024 3. In view of the above memo, appeal is dismissed as withdrawn with liberty as prayed for. 4. Time spent before this Court, in this second appeal, shall be excluded for the purpose of calculating the limitation under Section 14 of the Limitation Act. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 61 CT: BHK