- 1 - HC-KAR NC: 2025:KHC:40771 RFA No. 2237 of 2025 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. 2237 OF 2025 (DEC/INJ) BETWEEN: 1. DR. M. V. KRISHNAIAHSHETTY, S/O. VENKATACHALAMAIAH M.R., AGED ABOUT 53 YEARS, R/AT. NO.78, 2ND MAIN ROAD, C. BYREGOWDA NAGARA, KOLAR - 563 101 …APPELLANT (BY SRI. RAHUL S. REDDY, ADVOCATE) AND: 1. R. MANJUNATHAPPA, S/O LATE. RAMAIAH, AGED ABOUT 55 YEARS, R/A NO.302, SHRI HARI NIVASA, SRI. M.V. NAGAR, BEML NAGAR POST, KOLAR GOLD FIELD, KOLAR - 563 115. 2. MOHAMMED AYUB, S/O. HAJI SHAIK AHMED, AGED ABOUT 71 YEARS, R/AT. PANDER GHATT ROAD, SECUNDRABAD, ANDHRA PRADESH - 500 003. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40771 RFA No. 2237 of 2025 3. V.SRINIVAS, S/O LATE. VENKATARAVANAPPA, AGED ABOUT 70 YEARS, R/AT KATARIPALYA, NEAR SHARADA TALKIES, KOLAR - 563 101. 4. R. RATHNA, D/O. RAMAIAH, AGED ABOUT 58 YEARS, R/AT KATARIPALYA, NEAR SHARADA TALKIES, KOLAR - 563 101. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.07.2025 PASSED IN OS NO.51/2020 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, AT KOLAR., DECREEING THE SUIT FOR DECLARATION AND PERMANENT 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 appellant 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 - 3 - HC-KAR NC: 2025:KHC:40771 RFA No. 2237 of 2025 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 Appeal is disposed of as withdrawn, reserving liberty in favour of the appellant to file an appeal before the jurisdictional Appellate Court. If such an appeal is filed within a period of six weeks from today, the appellant 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 appellant forthwith, to enable compliance of this order. Registry is also directed to refund the entire Court fee paid on Memorandum of Appeal to the appellant without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE CHS List No.: 1 Sl No.: 33