- 1 - HC-KAR NC: 2025:KHC:36407 RFA No. 2091 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.2091 OF 2025 BETWEEN: SMT. REKHA W/O B.R. JAGADISHA, AGED ABOUT 47 YEARS, R/AT BILAGUNDA VILLAGE, NILAVADI POST, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU-571102. …APPELLANT (BY SRI MAHESH Y.L., ADVOCATE) AND: SRI PURUSHOTHAMA .S S/O T. SHANKAREGOWDA, AGED ABOUT 34 YEARS, R/AT P BASAVANAHALLI VILLAGE, POONADAHALLI POST HARANAHALLI HOBLI, PERIYAPATNA TALUK MYSURU-571107. …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.06.2024 PASSED IN SC.NO.9/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE, PERIYAPATNA, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36407 RFA No. 2091 of 2025 ORAL JUDGMENT Learned counsel for the appellant files memo, which reads as under: “The undersigned counsel for the Appellant most respectfully submits that the present Appeal has been preferred before this Hon'ble Court being aggrieved by the Judgment dated 10/06/2024 and the Decree dated 15/06/2024 passed by the Hon'ble Court of the Senior Civil Judge, Periyapatna in S.C.No.09/2023. In the said proceedings, the Appellant was placed ex parte, and the Hon'ble Court was pleased to decree the suit filed by the Respondent, directing the Appellant to pay a sum of Rs.81,000/- with interest at the rate of 6% per annum. The undersigned counsel for the Appellant submits that due to inadvertent oversight, the Appeal was preferred before this Hon'ble Court, when this Hon'ble Court does not have jurisdiction to entertain the same. The filing of the Appeal before this Hon'ble Court was neither deliberate nor intentional, but purely out of inadvertent oversight. In these circumstances, the Appellant herein seeks the leave of this Hon'ble Court to withdraw the present Appeal, with liberty to file the same before - 3 - HC-KAR NC: 2025:KHC:36407 RFA No. 2091 of 2025 the competent Court having jurisdiction, 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 In view of memo, the appeal is dismissed as withdrawn with liberty as prayed for. 4.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.: 54