- 1 - HC-KAR NC: 2025:KHC:40769 RFA No. 465 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 465 OF 2024 (PA/DE/IN) BETWEEN: 1. SMT. HANUMAKKA, W/O SRI HANUMANTHAPPA, AGED 53 YEARS, R/AT NO.56, HEMMIGE PURA, KENGEREI VIDAYAPEETA POST, YESHWANTHAPURA HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 060. 2. SMT. MUNILAKSHMAMMA W/O SRI MUNIRAJU, AGED 50 YEARS, R/AT NO GOPALA NAGARA, RAMAHALLI POST, TAVAREKERE, BENGALURU - 560 060. 3. SMT. LAKSHMIDEVI W/O SRI RANGASWAMY, AGED 47 YEARS, R/AT NO.11, PETHINAHALLI, DODDA GAJJAGANADDI POST, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 560 067. …APPELLANTS (BY SRI. RAVINDRA PRASAD B., ADVOCATE) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40769 RFA No. 465 of 2024 AND: 1. SMT. MUNIYAMMA, W/O LATE CHIKKAHANUMAIAH, AGED 75 YEARS, R/AT TALGATTAPURA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 109. 2. SRI. ANNAIYAPPA S/O LATE HANUMAIAH, AGED 76 YEARS, 3. SRI. HANUMANTHA, S/O LATE HANUMAIAH, AGED 71 YEARS, 4. SMT. NANJAMMA W/O LATE VAJRAPPA, AGED 51 YEARS, 5. SRI. HANUMAIAH S/O SRI. CHIKKA HANUMAIAH, AGED 63 YEARS, 6. SRI. HANUMANTHARAYA S/O SRI CHIKKA HANUMAIAH, AGED 50 YEARS, 7. SRI. MANJU, S/O SRI CHIKKA HANUMAIAH, AGED 48 YEARS, 8. SMT. DHANALAKSHMI W/O LATE VENKATESH, AGED 52 YEARS, 9. SRI. PILLAPPA, S/O SRI ANNAYAPPA, AGED 52 YEARS, - 3 - HC-KAR NC: 2025:KHC:40769 RFA No. 465 of 2024 10. SRI. ANANDA S/O SRI ANNAYAPPA, AGED 45 YEARS, 11. SMT. AMMAIAH, D/O SRI ANNAYAPPA, AGED 43 YEARS, 12. SMT. RENUKA W/O SRI GOPAL, AGED 40 YEARS, 13. SRI. SHANKAR S/O SRI HANUMANTHA, AGED 53 YEARS, 14. SRI. NAGARAJU S/O SRI HANUMANTHA, AGED 50 YEARS, 15. SMT. SUJATHA W/O LATE SRINIVAS, AGED 51 YEARS, 16. SMT MUNILAKSHMAMMA W/O SRI RAVI, AGED 45 YEARS, 17. SMT KALAVATHI W/O SRI NAGESH, AGED 42 YEARS, RESPONDENTS NO.2 TO 17 ARE R/AT: TALAGATTAPURA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 102. - 4 - HC-KAR NC: 2025:KHC:40769 RFA No. 465 of 2024 18. SRI. SRINIVASA MURTHY, S/O. SRI. MUNIVENKATASWAMAPPA, AGED 95 YEARS, R/AT NO.120, P. T. ROAD, 3RD BLOCK, JAYANAGARA, BENGALURU - 560 011. …RESPONDENTS (BY SRI. JAVAJI SRINIVASALU, ADVOCATE FOR C/R-18) THIS RFA FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.01.2024 PASSED IN OS NO.1190/2008 ON THE FILE OF VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BENGALURU RURAL DISTRICT, BENGALURU DISMISSING THE SUIT FOR PARTITION, DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal with liberty to file an appeal before the jurisdictional Appellate Court since the value of the subject matter of the appeal is less than Rs.10,00,000/-. 2. Memo is placed on record. 3. Appeal is disposed of as withdrawn, reserving liberty in favour of the appellants to file an appeal before the - 5 - HC-KAR NC: 2025:KHC:40769 RFA No. 465 of 2024 jurisdictional Appellate Court. If such an appeal is filed within a period of six weeks from today, the appellants would be entitled to the benefit under Section 14 of the Limitation Act. 4. Registry is directed to return all the documents/records to the appellants forthwith, to enable compliance of this order. Registry is also directed to refund the entire Court fee paid on Memorandum of Appeal to the appellants without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE CHS List No.: 1 Sl No.: 16