- 1 - HC-KAR NC: 2025:KHC:51926-DB RFA No. 18 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 18 OF 2018 (PAR) BETWEEN: 1. SRI. GANGAIAH SINCE DEAD BY LR'S 1(a) SMT.JAYAMMA W/O LATE GANGAIAH AGED ABOUT 72 YEARS 1(b) D.G.BASAVARAJAIAH S/O. LATE GANGAIAH AGED BOUT 54 YEARS 1(c) MARIYAPPA G S/O LATE GANGAIAH AGED ABOUT 50 YEARS 1(d) RAMAKRISHNAIAH S/O. LATE GANGAIAH AGED ABOUT 46 YEARS 1(a) TO 1(d) ARE RESIDING AT DOOR NO.96, DODDASOMANAHALLI VILLAGE & POST, THIPPASANDRA HOBLI MAGADI TALUK RAMANAGARAM DISTRICT - 562 131 - 2 - HC-KAR NC: 2025:KHC:51926-DB RFA No. 18 of 2018 1(e) SMT LAKSHMAMMA D/O LATE GANGAIAH W/O. KRISHNAMURTHY AGED ABOUT 48 YEARS RESIDING AT NASEPALYA VILLAGE MADABAL HOBLI & POST MAGADI TALUK RAMANAGARAM DISTRICT - 561 201. …APPELLANTS (BY SRI. NAGARAJA N., ADVOCATE) AND: 1. SRI. NANJUNDAIAH DEAD BY LRS. 1(a) GANGAMMA W/O LATE NANJUNDAIAH AGED ABOUT 65 YEARS 1(b) RAMAKRISHNA.D.N., S/O. LATE NANJUNDAIAH AGED BOUT 38 YEARS 1(c) NAGARATHANA W/O HANUMANTHAIAH D/O LATE NANJUNDAIAH AGED ABOUT 36 YEARS SL.NO.1 TO 3 ARE RESIDING AT DODDA SOMANAHALLI VILLAGE & POST TIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARAM DISTRICT 1(d) NAGARAJU.D.N., S/O. LATE NANJUNDAIAH AGED ABOUT 45 YEARS - 3 - HC-KAR NC: 2025:KHC:51926-DB RFA No. 18 of 2018 NO.520, 2ND MAIN ROAD 12TH CROSS, NAGARABHAVI 1ST STAGE ANNAPURNESHWARI NAGARA RHCS EXTENSION, NEAR SAINT JOSEPH PUBLIC SCHOOL BENGALURU - 560 091. 1(e) SMT JAYAMMA W/O LATE GOPALA AGED AVOUT 42 YEARS 1(f) KUM. SINDHU D/O. LATE GOPALA AGED ABOUT 20 YEARS 1(g) KUM. BINDU D/O. LATE GOPALA AGED ABOUT 18 YEARS RESPONDENT 1(e) TO 1(f) R/AT NO.82, 10TH MAIN ROAD SRINIVSANAGARA NEAR ANNIBESANT CONVENT AND HIGH SCHOOL VESWANEEDAM POST, SUNKADAKATTE BENGALURU - 560 091 2. RAMAIAH S/O. LATE GANGAMMA AGED ABOUT 58 YEARS 3. SEERAIAH S/O. LATE GANGAMMA AGED ABOUT 53 YEARS RESPONDENTS 2 AND 3 ARE RESIDING AT DODDASOMANAHALLI - 4 - HC-KAR NC: 2025:KHC:51926-DB RFA No. 18 of 2018 TIPPASANDRA HOBLI MAGADI TALUK RAMANAGARAM DISTRICT. 4. GUDDAMMA W/O. LATE DASEGOWDA AGED ABOUT 68 YEARS R/AT CHIKKAKALYA SANKIGHATTA POST THIPPASANDRA HOBLI MAGADI TALUK RAMANAGARAM DISTRICT. …RESPONDENTS (BY SRI. SHIVAPRASAD E FOR R1(A-G)., ADVOCATE) THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.8.2017 PASSED IN OS NO.391/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 5 - HC-KAR NC: 2025:KHC:51926-DB RFA No. 18 of 2018 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) After some arguments, the learned counsel for the appellant submits that this first appeal may be dismissed as withdrawn as he would like to file a fresh suit with proper parties and would lead the relevant evidence for claiming partition. 2. We, therefore, dismiss this appeal as withdrawn with liberty as sought for. Pending interlocutory application/s, if any, shall stand disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE VM List No.: 1 Sl No.: 8 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA