- 1 - HC-KAR NC: 2025:KHC:40770 RFA No. 2186 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. 2186 OF 2024 (PAR/POS) BETWEEN: SRI. VISHWANATH, S/O. SRI. NAGARAJAIAH, AGED 30 YEARS, R/AT ANCHEPALYA, NH-4, NAGASANDRA POST, TUMKUR ROAD, BENGALURU - 560 073. …APPELLANT (BY SRI. RAVINDRA PRASAD B., ADVOCATE) AND: 1. SRI. NAGARAJAIAH S/O LATE NARASIMHAIAH, AGED 69 YEARS, 2. SMT. NAGARATHNA, W/O SRI. NAGARAJAIAH, AGED 53 YEARS, 3. SMT. N. NAMITHA, D/O SRI. NAGARAJAIAH, AGED 37 YEARS, 4. SMT. N. MANASA, D/O SRI. NAGARAJAIAH, AGED 34 YEARS, SRI. C. RAJANNA, (DELETED AS PER MEMO DATED 16.12.2015) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40770 RFA No. 2186 of 2024 R1 TO R4 ARE R/AT: ANCHEPALYA, NH-4, NAGASANDRA POST, TUMKUR ROAD, BENGALURU- 73. 5. SRI. SANJEEVA KULALA, S/O SRI. VENKATESH KULALA, AGE MAJOR, R/AT GANESHA, REFRESHMENT ANCHEPALYA, NH-4, NAGASANDRA POST, TUMKUR ROAD, BENGALURU - 560 073. 6. SRI. MAHABALA, S/O. SRI. MANJU KULALA, AGE 57 YEARS, R/AT SREDEVI DARSHINE, DABASPET, TUMKUR ROAD, NELAMANGALA TALUK, BENGALURU - 562 111. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 12.06.2024 PASSED IN OS NO.421/2015 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA., 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 S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:40770 RFA No. 2186 of 2024 ORAL JUDGMENT Learned counsel for the appellant seeks to withdraw 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. Submission of the learned counsel is placed on record. 3. Appeal is disposed of as withdrawn for statistical purpose reserving liberty in favour of the appellant to file an appeal before the jurisdictional Appellate Court.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 Appellate Court forthwith to enable the compliance of this order. 5. Registry 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.: 21