- 1 - HC-KAR CNR: KAHC010356332026 NC: 2026:KHC:38062 RFA No. 1095 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1095 OF 2026 (PAR/POS) BETWEEN: 1. M G SRINIVAS S/O LATE. GOVINDAPPA AGED ABOUT 61 YEARS 2. SMT. AMARAVATI W/O M.G. SRINIVAS AGED ABOUT 63 YEARS BOTH ARE RESIDING AT MADHUVADI VILLAGE HOLUR HOBLI, KOLAR TALUK KOLAR DISTRICT - 563 102. …APPELLANTS (BY SRI. BHUVANENDRA RAJU P AND SRI. P B RAJU, ADVOCATE) AND: 1. SMT. T P SWARNALATHA W/O LATE. M.G. CHANDRASEKAR AGED 55 YEARS 2. KUMARI M.G. ASHA D/O LATE M.G. CHANDRASEKAR AGE 30 YEARS BOTH RESIDING AT Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010356332026 NC: 2026:KHC:38062 RFA No. 1095 of 2026 MUDUVADI VILLAGE HOLUR HOBLI, KOLAR TALUK KOLAR DISTRICT - 563 102. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.04.2026 PASSED IN OS NO.313/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, KOLAR AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo for withdrawal of the appeal with liberty to file fresh appeal before the Jurisdictional Court. 2. The memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn with liberty to file fresh appeal before the Jurisdictional Court. - 3 - HC-KAR CNR: KAHC010356332026 NC: 2026:KHC:38062 RFA No. 1095 of 2026 4. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. 5. Registry is directed to return all the original copies to the appellants/counsel for the appellants by photocopy of the appeal papers at the cost of the appellants. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv List No.: 1 Sl No.: 17