- 1 - HC-KAR NC: 2025:KHC:32519 RFA No. 1850 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1850 OF 2025 (POS) BETWEEN: SRI SHAIKH NYAMATHULLA S/O SHAIKH SAHEB PEER, AGED ABOUT 53 YEARS, RESIDING AT GENERAL TYRES KUVEMPU ROAD, K.B. LAYOUT, DAVANAGERE-577001. …APPELLANT (BY SRI TANVEER AHMED SHARIFF, ADVOCATE) AND: 1. SMT. MANJULA MURUGHA RAJENDRA W/O LATE MURUGHA RAJENDRA, AGED ABOUT 36 YEARS, OCCUPATION: HOUSE WIFE, NO.513, LOWER PALACE ORCHARDS BENGALURU-560003. 2. DR. I. SHABITA D/O LATE MURUGHA RAJENDRA, AGED ABOUT 39 YEARS, OCCUPATION: DOCTOR, NO.513, LOWER PALACE ORCHARDS, BENGALURU-560003. 3. SMT. I.K. MANJULA KUMAR, W/O I.S. KUMAR, AGED ABOUT 50 YEARS, OCCUPATION: HOUSE WIFE, RESIDING AT NO.478/1, BELLODI GALLI, DAVANAGERE-577001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32519 RFA No. 1850 of 2025 4. SMT. I.S. GANESH @ I.S. GAGAN D/O LATE I.S. KUMAR, STUDENT, SINCE BEING A MINOR REPRESENED BY HIS MOTHER RESPONDENT NO.3, SMT. I.K. MANJULA KUMAR W/O I.S. KUMAR, NO.478/1, BELLODI GALLI, DAVANAGERE-577001. 5. SMT. I.K. SHYLAJA D/O SANNA VEERAPPA, AGED ABOUT 55 YEARS, OCCUPATION: HOUSE WIFE RESPONDENT NO.3, R/AT TULASI TOTA, BENGALURU-560053. 6. SMT. S.M. YELI D/O M. YELI, AGED ABOUT 70 YEARS, OCCUPATION: DOCTOR, R/AT MCC B BLOCK, 2ND MAIN, REPRESENTED BY HIS MOTHER DAVANAGERE-577004. 7. DR. VINAY S. YELI S/O S.M. YELI, AGED ABOUT 44 YEARS, OCCUPATION: DOCTOR, R/AT MCC ‘B’ BLOCK, 2ND MAIN, REPRESENTED BY HIS MOTHER DAVANAGERE-577004. 8. DR. SUMAN S. YELI S/O S.M. YELI, AGED ABOUT 39 YEARS, OCCUPATION: DOCTOR, R/AT MCC ‘B’ BLOCK, 2ND MAIN, REPRESENTED BY HIS MOTHER DAVANAGERE-577004. 9. R. SOMASHEKAR S/O RAJANNA, BENGALURU-560027. DECEASED - 3 - HC-KAR NC: 2025:KHC:32519 RFA No. 1850 of 2025 10. KUMARI R.S. HIMASWATHI, D/O R. SOMASHEKHAR, AGED ABOUT 21 YEARS, OCCUPATION: STUDENT R/AT NO.102, 5TH MAIN ‘A’ ROAD, SAMPANGI RAMANAGARA, BENGALURU-560027. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.10.2021 PASSED IN O.S.NO.211/2015 ON THE FILE OF ADDITIONAL CIVIL JUDGE, DAVANAGERE., PARTLY ALLOWING THE SUIT FOR POSSESSION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The valuation of the suit is below Rs.10 lakhs and is not maintainable in view of Section 19(1) of the Karnataka Civil Courts Act, 1964 and a memo is filed to that effect. 2. The memo is taken on record. 3. The appellant is permitted to withdraw the appeal with liberty to file Regular Appeal before the appropriate Court. - 4 - HC-KAR NC: 2025:KHC:32519 RFA No. 1850 of 2025 4. The time consumed in this appeal is available to the appellant under Section 14 of the limitation Act, 1963. Accordingly, the appeal is disposed of as withdrawn. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 18