- 1 - HC-KAR NC: 2025:KHC:33357 R.S.A. No.1236/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA REGULAR SECOND APPEAL NO.1236/2023 (DEC/POS) BETWEEN: DR. SHUBHA K.M. D/O LATE MADAMAIAH W/O DR. CHANDRA T.P. AGED ABOUT 45 YEARS R/AT VIRAJPET ROAD KARMADU VILLAGE AMMATHI HOBLI SOUTH KODAGU-571211. …APPELLANT (BY SRI. SACHIN B.S. ADV.,) AND: 1. SRI. B.N. GOPAL S/O LATE NANJUVUMAIAH AGED ABOUT 75 YEARS MAYAMUDI VILLAGE PONNANPET TALUK KODAGU-571211. 2. SMT. K.M. PARVATHY W/O LATE MADAMAIAH AGED ABOUT 69 YEARS. 3. SRI. K.M. SHAMI S/O LATE MADAMAIAH AGED ABOUT 42 YEARS. BOTH ARE RESIDING AT BEKKESODLUR VILLAGE AND POST, PONNAMPET NAD KODADU-571211. …RESPONDENTS (BY SRI. M.S. RAGHAVENDRA PRASAD, ADV., FOR R1 R2 & R3 SERVED) Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:33357 R.S.A. No.1236/2023 THIS RSA IS FILED UNDER SEC.100 OF CPC., 1908, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 19.04.2023 PASSED IN RA NO.5010/2018 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE KODAGU-MADIKERI, SITTING AT VIRAJPET, THEREBY DISMISSING THE APPEAL FILED BY THE APPELLANT AND THE JUDGMENT AND DECREE DATED 28.05.2015 IN O.S.NO.69/2015 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT VIRAJPET AND CONSEQUENTLY ALLOW THE SUIT OF THE PLAINTIFF AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL JUDGMENT Sri.B.S.Sachin, learned counsel for the appellant files a memo with copy to the learned counsel for respondent No.1. The content of the memo reads as under: "The undersigned counsel for the Appellant on the instructions of the Appellant seeks the leave of this Hon'ble Court to withdraw the Suit and prays to grant liberty to the Appellant to file a fresh Suit seeking for the relief of Declaration and Partition. It is most humbly prayed that bona fide period spent in prosecuting the Suit and Appeal's may kindly be directed not to be treated as delay in the filing of such fresh Suit. It is most humbly prayed that the observations made in the Suit as well as in the First Appeal may kindly not be treated as binding and the same may not come in the way of adjudication of the Fresh Suit on its own merits." - 3 - HC-KAR NC: 2025:KHC:33357 R.S.A. No.1236/2023 2. Learned counsel for the contesting respondent has no objection to permit the appellant to withdraw the appeal with liberty as prayed for. 3. Placing the memo on record, suit in the Trial Court is permitted to be withdrawn with liberty as prayed for. 4. Accordingly, appeal is disposed of. Sd/- (V SRISHANANDA) JUDGE RV List No.: 1 Sl No.: 64