- 1 - HC-KAR NC: 2026:KHC:20786 RFA No. 2790 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 2790 OF 2025 (PAR) BETWEEN: 1. SMT. VIJAYALAXMI @ SAROJA T.B. AGED ABOUT 52 YEARS, W/O LATE P.U. VELAYUDHAN, R/O HOSKERI VILLAGE, MARAGODU POST, MADIKERI TALUK, KODAGU DISTRICT-571201 2. SRI. P.V. VASUDEVA, AGED ABOUT 49 YEARS, S/O LATE P.U. VELAYUDHAN, R/O NEAR THOMBATHUMANE PAISARY, HAKATHURU VILLAGE AND POST, MADIKERI TALUK, KODAGU DISTRICT-571252. &APPELLANTS (BY SRI. KISHAN G.M., ADVOCATE FOR SRI. VINOD KUMAR M., ADVOCATE) AND: 1. SMT. C.V. PADMAVATHY W/O C.V. VASU, AGED ABOUT 46 YEARS, R/O KUDIGE, NEARBY COMMUNITY HALL, KUDUMANGALURU VILLAGE POST, SOMWARPET TALUK, KODAGU DISTRICT-571232. 2. SMT. P.B. USHA, W/O LATE P.V. BALAKRISHNA, AGED ABOUT 40 YEARS, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20786 RFA No. 2790 of 2025 R/O JANATHA COLONY, MARAGODU, MADIKERI TALUK, KODAGU DISTRICT- 571201. 3. THE BRANCH MANAGER, KAVERY GRAMEENA BANK, HAKATHURU BRANCH, MADIKERI TALUK, KODAGU DISTRICT-571252. &RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.09.2023 PASSED IN O.S.NO.18/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI, DECREEING 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 R. NATARAJ ORAL JUDGMENT A memo is filed by the learned counsel for the appellants to withdraw the appeal and re-present the same before an appropriate forum. 2. The memo is taken on record. 3. In view of the memo, this appeal is dismissed as withdrawn. Liberty is reserved to the appellants to approach the appropriate forum. - 3 - HC-KAR NC: 2026:KHC:20786 RFA No. 2790 of 2025 4. It is needless to mention that the time consumed in pursuing this appeal shall be deducted while calculating limitation before the appropriate forum. 5. Office is directed to return the certified copy of the impugned judgment and decree to the learned counsel for the appellants after retaining a photocopy. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 11