- 1 - HC-KAR NC: 2025:KHC:47761-DB RFA No. 1868 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1868 OF 2019 (PAR) BETWEEN: SRI S. RAMASWAMY S/O LATE SUBBEGOWDA AGED ABOUT 59 YEARS, BEVINA HALLI VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK. …APPELLANT (BY SRI. PULAKESHI A. P., ADVOCATE) AND: 1. SRI MAHADEVU S/O LATE SUBBEGOWDA AGED ABOUT YEARS, BEVINA HALLI VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK-571 110. 2. SRI SUBBEGOWDA DEAD BY LRS, SMT. JAYAMMA AGED ABOUT 80 YEARS, W/O LATE SUBBEGOWDA, SOSALE HOBLI, T. NARASIPURA TALUK-571 110 3. SMT. JAYALAKSHMI AGED ABOUT 63 YEARS, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47761-DB RFA No. 1868 of 2019 D/O LATE SUBBEGOWDA, W/O SIDDEGOWDA BEVINAHALLI VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK - 571 110. 4. SMT. NIRMALA AGED ABOUT 58 YEARS, D/O LATE SUBBEGOWDA W/O SHRINIVASA, GANIGANA KOPPALU VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK - 571 101. 5. SMT. PADMA D/O LATE SUBBEGOWDA W/O CHIKKATHIBBEGOWDA AGED ABOUT 55 YEARS, RANGASAMUDRA VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK - 571 124. 6. SMT. NAGAMMA D/O LATE SUBBEGOWDA W/O MUDDEGOWDA, KEMPAIAHNA HUNDI VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK - 571 110. …RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1; R3 TO R6 ARE SERVED; V/O DTD: 28.03.2025, R2 IS DEAD, APPELLANT AND R1, R3 TO R6 ARE TREATED AS LRS OF DECEASED R2) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.04.2019 PASSED IN O.S.NO.11/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, T. NARASIPURA, DISMISSING THE SUIT FOR PARTITION. - 3 - HC-KAR NC: 2025:KHC:47761-DB RFA No. 1868 of 2019 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellant has filed a memo seeking withdrawal of the appeal, which reads as under; "1. It is submitted that the parities herein during the pendency of the above appeal have entered into partition through Registered Partition Deed dated: 19-03-2022. On the same day other respondents herein also executed relinquishment Deed. It is further submitted that in view of the said partition. the relief stood originally does not require consideration. However, obligations are created among parties to the partition Deed and relinquishment Deed. More particularly appellant and Respondent No.1. certain rights and 2. It is submitted that, Since the respondent No.1 has not discharged his obligations which has created a fresh cause of action for the appellant to file a separate suit. 3. Wherefore, it is prayed that the appellant herein may be permitted to withdraw the above appeal with liberty to file fresh suit, in the interest of justice and equity." 2. Memo is placed on record. - 4 - HC-KAR NC: 2025:KHC:47761-DB RFA No. 1868 of 2019 3. In view of the memo, appeal is dismissed as withdrawn with liberty to the appellant to take recourses available in law. Presence of the appellant is recorded. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 5