- 1 - HC-KAR NC: 2025:KHC-D:10549-DB RFA No. 100059 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100059 OF 2020 (PAR/POS) BETWEEN: SMT. KALYANI W/O. VASANT KALAL AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O. NO. 45, 5TH CROSS, LOKAPPANA HAKKALA, (NEAR MASJID), VIDYA NAGAR, HUBLI. …APPELLANT (BY SRI. S.B.DODDAGOUDAR, ADVOCATE) AND: 1. MASTER ABHISHEK S/O. SATISH KALAL AGE: 27 YEARS, OCC: STUDENT, R/O: LINE BAZAR, OPP. TO THAKUR PEDHA SHOP, DHARWAD-580001. 2. LAKSHMI D/O. SATISH KALAL AGE: 30 YEARS, OCC: HOUSE HOLD WORK, R/O: LINE BAZAR, OPP. TO THAKUR PEDHA SHOP, DHARWAD-580001. 3. AKSHATA W/O. SATISH KALAL AGE: 40 YEARS, OCC: HOUSE MANAGEMENT, R/O: LINE BAZAR, OPP. TO THAKUR PEDHA SHOP, DHARWAD-580001. 4. ARAVIND ARJUN KALAL AGE: 46 YEARS, OCC: BUSINESS, R/O: MASALAGAR ONI, LINE BAZAR, DHARWAD-580001. Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.21 17:07:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10549-DB RFA No. 100059 of 2020 5. DRAXAYANI ARJUN KALAL REPORTED TO BE DIED R/BY HER LR’s., 5(A). ARJUN S/O. GURUNATH KALAL AGE: 61 YEARS, OCC: BUSINESS, R/O. KALAL PLOT VINAY KULKARNI LAYOUT, NEAR CHARNTHIMATH GARDEN MATTI PARAPPA KOOT DHARWAD, TQ AND DIST: DHARWAD. 5(B). SANTHOSH S/O. ARJUN KALAL AGE: 34 YEARS, OCC: BUSINESS, R/O. KALAL PLOT VINAY KULKARNI LAYOUT, NEAR CHARNTHIMATH GARDEN MATTI PARAPPA KOOT DHARWAD, TQ AND DIST: DHARWAD. 5(C). GURURAJ S/O. ARJUN KALAL AGE: 34 YEARS, OCC: BUSINESS, R/O. KALAL PLOT VINAY KULKARNI LAYOUT, NEAR CHARNTHIMATH GARDEN MATTI PARAPPA KOOT DHARWAD, TQ AND DIST: DHARWAD. 6. THE MANAGER INDIAN BANK BRANCH DHARWAD, NEAR SANGAM CIRCLE, DHARWAD-580001. 7. THE MANAGER PUNJAB NATIONAL BANK FRUIT MARKET, SUBHAS ROAD, DHARWAD-580001. 8. THE MANAGER RATNAKAR BANK LTD., PAWAR COMPLEX, COURT ROAD, DHARWAD-580001. 9. THE MANAGER INDIAN OVERSEAS BANK BRANCH SAPTAPUR, DHARWAD-580008. 10. RAJESAB MAULASAB GIDADANNAVAR AGE: 68 YEARS, OCC: AGRICULTURE, R/O: TARIHAL, TQ: HUBBALLI, DIST: DHARWAD-580026. - 3 - HC-KAR NC: 2025:KHC-D:10549-DB RFA No. 100059 of 2020 11. MAHANTESH KOTTERSHETTY AGE: MAJOR, OCC: BUSINESS, R/O: NEAR ISHVAR TEMPLE, GOULI GALLI, TIKAR ROAD, DIST: DHARWAD-580001. 12. IMAM HUSSEIN NADAF AGE: MAJOR, OCC: BUSINESS, R/O: NEAR ISHWAR TEMPLE, GOULI GALLI, TIKAR ROAD, DHARWAD-580001. 13. M.V. MEGUR HONARARY SECRETARY, HONNADAMMA EDUCATION INSTITUTION OPP AIR BESIDES SHEIKH COMPOUND, DHARWAD-580001. …RESPONDENTS (BY SRI. AAYUSH G.BHAT, ADVOCATE FOR R1 TO R3; SRI. H.R.BENTUR AND SRI. P.R.BENTUR, ADVOCATES FOR R6; SRI. G.S.HULMANI, ADVOCATE FOR R7; SRI. ANAND K.BHANDIWAD, ADVOCATE FOR R9; NOTICE TO R4, R5(A) IS HELD SUFFICIENT; NOTICE TO R5(B), (C), R8 AND R11 ARE SERVED; R12 NOT CLAIMED AND R13 NO SUCH ADDRESS) THIS RFA FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 24.10.2019 PASSED IN O.S.NO.249/2012 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION, DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 4 - HC-KAR NC: 2025:KHC-D:10549-DB RFA No. 100059 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) Learned counsel for the appellant has filed a memo stating that this appeal may be dismissed as withdrawn. The memo dated 20.08.2025 reads as under. “MEMO Herein the Advocate for the Appellant begs to submit as under. That in the connected matter bearing RFA No.100058/2020 was please to allowed and remanded the same and in view of disposal of said RFA, this appellant is not interested to proceed further in the present appeal. Hence said appeal may kindly be dispose in accordance with law by dismissing the same.” In view of the memo and supporting submission, this appeal is dismissed as withdrawn. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE EM Ct:vh List No.: 1 Sl No.: 70.1