- 1 - HC-KAR NC: 2025:KHC:43443-DB RFA No. 349 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 349 OF 2017 (PAR) BETWEEN: 1. SRI B M THIMMAIAH S/O LATE N.T. MALIYAPPA, AGED 72 YEARS, R/AT NO.316, 13TH MAIN ROAD, 3RD CROSS, SARASWATHIPURAM, MYSORE-570090. …APPELLANT (BY SRI VINAY, ADVOCATE FOR SRI MANMOHAN P N, ADVOCATE) AND: 1. SMT. J K SARASWATHI W/O LATE G. SRINIVAS, AGED ABOUT 41 YEARS, 2. SRI S RITHESH S/O LATE G. SRINIVAS, AGED 23 YEARS, 3. SRI S HARSHAVARDANA S/O LATE G. SRINIVAS, AGED 19 YEARS, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43443-DB RFA No. 349 of 2017 R-1 TO R-3 ARE R/A C/O DHANAKUMAR, JAVGAL VILLAGE, ARSIKERE TALUK, HASSAN DISTRICT-573103. 4. SMT. SAVITHRAMMA W/O LATE DR. GOPALKRISHNAMURTHY, AGED ABOUT 80 YEARS, R/AT B.H.ROAD, BANAVARA, ARASIKERE TALUK, HASSAN DISTRICT-573103. 5. SRI SHIVAKUMAR FATHER'S NAME NOT KNOWN TO THE APPELLANT, AGE: MAJOR, R/AT D.NO.12, KALIDASA LAYOUT, 12TH MAIN, 1ST CROSS, SRINAGAR, BENGALURU-560050. …RESPONDENTS (BY SRI A.S. MAHESHA, ADVOCATE FOR R-2; SRI VINAYAKA B, ADVOCATE FOR R-4) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.11.2016 PASSED IN O.S.NO.22/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARSIKERE, DISMISSING THE SUIT FOR PARTITION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43443-DB RFA No. 349 of 2017 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Considering the memo filed for withdrawal and the submissions advanced by the learned counsel for the appellant, we dismiss this appeal as withdrawn. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE BKV List No.: 1 Sl No.: 2