- 1 - HC-KAR NC: 2025:KHC:54639 RFA No. 1688 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1688 OF 2017 (PAR) BETWEEN: 1. UDAYA KUMAR S/O LATE K. RAMACHADNRA ADIGA, RESIDENT OF BALEGADDE OF KOLLUR VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT, NOW AT “PRASHANTHI NILAYA”, 1ST CROSS, GANESH NAGAR, K.T. BADAVANE, SAGAR, P.O. SAGAR, PIN:577 401. SHIMOGA DISTRICT. 2. K. RADHAKRISHNA ADIGA S/O LATE RAMACHANDRA ADIGA, SINCE DECEASED BY HIS LR’S. 2(a) K. SAVITHA ADIGA W/O. LATE K. RADHAKRISHNA ADIGA, AGED ABOUT 47 YEARS, R/AT BALEGADDE OF KOLLUR VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. PIN:576 220. 2(b) K. RAMACHANDRA ADIGA S/O LATE K. RADHAKRISHNA ADIGA, AGED ABOUT 29 YEARS, R/AT BALEGADDE OF KOLLUR VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. PIN:576 220. 2(c) K. RAVICHANDRA ADIGA S/O LATE K. RADHAKRISHNA ADIGA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54639 RFA No. 1688 of 2017 AGED ABOUT 24 YEARS, R/AT BALEGADDE OF KOLLUR VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. PIN:576 220. 3. K. NITHYANANDA ADIGA S/O LATE K. RADHAKRISHNA ADIGA, AGED ABOUT 56 YEARS, RESIDING AT KOLLUR, P.O. KOLLUR, KUNDAPURA TALUK, UDUPI DISTRICT. PIN:576220. …APPELLANTS (BY SRI DEEPAK S. SHETTY, ADVOCATE) AND: SMT. LEELAVATHI W/O P. KRISHNAMOORTHY HERLE, AGED ABOUT 52 YEARS, OPP. CHITRAPADI HIGHER PRIMARY SCHOOL, RESIDING AT PARAMPALLI VILLAGE, P.O. SALIGRAMA, UDUPI TALUK, UDUPI DISTRICT PIN:576225. …RESPONDENT (BY SRI P.A. KULKARNI, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.06.2017 PASSED IN O.S.NO.11/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, KUNDAPURA, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:54639 RFA No. 1688 of 2017 ORAL JUDGMENT Learned counsel for the appellants files memo, seeking to withdraw the present appeal, which reads as under: “The appellants herein respectfully submits that: The appellant seeking kind permission of this Hon’ble court for withdrawal of top noted RFA with liberty to try for settlement in FDP proceedings. Therefore, it is prayed before this Hon’ble court may kindly be pleased to permit the appellant to withdraw the appeal filed in the intereset of justice and equity. 2. The memo is taken on record. 3. In view of memo, the appeal stands dismissed as withdrawn with liberty as prayed for. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 71