- 1 - HC-KAR NC: 2025:KHC:36408 RFA No. 2123 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.2123 OF 2025 (PAR) BETWEEN: G.B. RUKMANGADA S/O BASAVARAJU, AGED ABOUT 53 YEARS, R/AT GANGANAGHATTA VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK TUMKUR DISTRICT-572201. …APPELLANT (BY SRI PRASANNA D.P., ADVOCATE) AND: 1. PRABHAMANI D/O BASAVARAJU, W/O M.S.MOHAN KUMAR, AGED ABOUT 49 YEARS, R/O. G. MALLENAHALLY VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK-572201 TUMKUR DISTRICT. 2. BASAVARAJA S/O LATE NANJEGOWDA AGED ABOUT 79 YEARS, R/AT GANGANAGHATTA VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572201. 3. G.B. PUSHPAVATHI D/O BASAVARAJU, W/O JANARDHANA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36408 RFA No. 2123 of 2025 AGED ABOUT 51 YEARS, R/AT NERALAKERE VILLAGE, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116. 4. G.B. SHARAVATHI D/O BASAVARAJU W/O DORESWAMY, AGED ABOUT 47 YEARS, R/AT DASARIGHATTA VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK-572201 TUMKUR DISTRICT. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.06.2025 PASSED IN O.S.NO.95/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, DECREEING THE SUIT FOR PARTITION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellant files memo, which reads as under: “The Appellant above named pray that, this Hon’ble court be pleased to permit the appellant to withdraw the appeal with liberty to file on appeal before the District Court/Jurisdictional Court, Since the above appeal is not maintainable before this Hon’ble Court, hence kindly extend the limitation - 3 - HC-KAR NC: 2025:KHC:36408 RFA No. 2123 of 2025 benefits and direct the office to return the certified copies, in the interest of justice and equity.” 2. Memo is taken on record. 3. In view of memo, the appeal is dismissed as withdrawn with liberty as prayed for. 4. Liberty is reserved to the appellant to seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law. Registry to return back the certified copies. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 55