- 1 - HC-KAR NC: 2025:KHC:33888 RFA No. 2109 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 2109 OF 2023 (PAR) BETWEEN: SRI. LAKSHMANA S/O LATE YELLAPPA AGED ABOUT 85 YEARS R/AT NO.1916, KHB 2ND CROSS, 3RD MAIN KENGERI HOUSING BOARD BANGALORE-560060. …APPELLANT (BY SRI. B.C. VENKATESH, ADVOCATE) AND: 1. SRI. ASWATHAPPA S/O LATE YELLAPPA SINCE DEAD REPRESENTED BY HIS LR’S 1(A) SMT. RATHNAMMA W/O LATE ASWATHAPPA AGED ABOUT 65 YEARS 1(B) SMT. ANJINAMMA D/O LATE ASWATHAPPA AGED ABOUT 45 YEARS 1(C) SMT. PARIMALA D/O LATE ASWATHAPPA AGED ABOUT 43 YEARS 1(D) SRI UMESHA S/O LATE ASWATHAPPA AGED ABOUT 37 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33888 RFA No. 2109 of 2023 SMT. CHAITRA D/O LATE ASWATHAPPA DIED ON 08/08/2018 RESPONDENTS NO.1(A) TO 1(D) ARE R/AT NO.260, BEHIND YELLAMMA TEMPLE KENGERI, KENGERI POST BANGALORE-560060. SRI YELLAPPA S/O LATE YELLAPPA DIED ON 21/07/2001. 2. SRI MUNIYAPPA S/O LATE YELLAPPA AGED ABOUT 78 YEARS R/AT NO.360 BEHIND YELLAMMA TEMPLE THIGALA BEEDHI, KENGERI BANGALORE-560060. 3. SRI NARAYANA S/O LATE YELLAPPA AGED ABOUT 68 YEARS BEHIND YELLAMMA TEMPLE KENGERI, KENGERI FORT BANGALORE-560060. …RESPONDENTS (BY SRI. RAJESHWARA P.N., ADVOCATE FOR R-2; SRI. B.N. UMESH, ADVOCATE FOR R-3; COURT NOTICE TO R-1(A) TO R1(D) ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 AND 2 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.08.1997 PASSED IN OS NO.6660/1994 ON THE FILE OF VII ADDITIONAL CITY CIVIL JUDGE, BANGALORE., DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:33888 RFA No. 2109 of 2023 ORAL JUDGMENT Learned counsel for the appellant files a memo, which reads as under: “The appellant in the above appeal humbly and respectfully prays that, he may kindly be permitted to withdraw the appeal by reserving liberty to agitate his claim in F.D.P.No.13/2015 filed by 3rd Respondent which is pending on the file of the V Addl City Civil and Sessions Judge at Bengaluru (CCH-13), in terms of the registered Will dated 30/08/1994 duly executed by Sri. Yellappa who is the father of appellant and Respondents, in the ends of justice and equity. Copies of registered Will dated 30/08/1994, M.R.No:97 dated 28/10/2004 standing in the name of appellant in respect of Sy No.121/2, RTC of the year 2025-26 in respect of Sy No.55/2A standing in the name of 1st Respondent, M.R.No.148 dated 16/1/2004 standing in the name of 1st Respondent are produced herewith with for kind perusal.” - 4 - HC-KAR NC: 2025:KHC:33888 RFA No. 2109 of 2023 2. In view of the memo, the appeal is dismissed as withdrawn with the liberty to pursue the remedy if so available in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 13