- 1 - HC-KAR NC: 2026:KHC:5062 RFA No. 816 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 816 OF 2025 (PAR-) BETWEEN: 1. SMT. BHAGYA W/O LATE SHANKAREGOWDA AGED ABOUT 55 YEARS RESISING AT NO.387, MAIN ROAD HALLAHALLI EXTENSION MANDYA CITY. 2. SRI. HEMANTH S/O LATE SHANKAREGOWDA AGED ABOUT 35 YEARS RESIDING AT NO.387, MAIN ROAD HALLAHALLI EXTENSION MANDYA CITY. 3. SMT. MAHIMA D/O LATE SHANKAREGOWDA AGED ABOUT 31 YEARS RESIDING AT NO.387, MAIN ROAD HALLAHALLI EXTENSION MANDYA CITY. …APPELLANTS (BY MS. DIKSHA B, ADVOCATE FOR SRI. ADHUKAR S, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5062 RFA No. 816 of 2025 AND: 1. SMT. K.N. LATHA W/O LATE K.C.SURESH D/O LATE MALANINGAMMA AGED ABOUT 50 YEARS RESIDING AT KOMMERAHALLI VILLAGE KASABA HOBLI, MANDYA TALUK. 2. SMT. K.N. SHOBHA W/O RAJANNA D/OLATE MALANINGAMMA AGED ABOUT 40 YEARS RESIDING AT NO.451, 7TH D-CROSS HEBBAL I STAGE, MYSORE. 3 SRI. NANJUNDAIH (DEAD BY LEGAL HEIRS) 3(A). SMT. SAKAMMA W/O LATE NANJUNDAIAH AGED ABOUT 67 YEARS 3(B). SRI.N.RAGHUKUMAR W/O LATE NANJUNDAIAH AGED ABOUT 40 YEARS BOTH ARE RESIDING AT NO.36 GOKULAM 4TH STAGE MANJUNATHAPURAM, MYSORE …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.10.2024 PASSED IN OS NO.164/2018 ON THE FILE OF ADDITIONAL SENIOR CIVIL - 3 - HC-KAR NC: 2026:KHC:5062 RFA No. 816 of 2025 JUDGE AND CJM, MANDYA., PARTLY 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 SACHIN SHANKAR MAGADUM ORAL JUDGMENT Learned counsel appearing for the petitioners has filed a memo dated 29.01.2026 seeking permission to withdraw the present criminal petition on the ground that the appropriate remedy is by way of an appeal before the District Court, in terms of Section 9(1) of the Civil Courts Act, as the pecuniary value of the subject-matter is admittedly less than Rs.10,00,000/-. 2. The said memo is taken on record. 3. In view of the submission made and the memo filed, the criminal petition is dismissed as withdrawn. Liberty is reserved to the petitioners to prefer an appeal before the jurisdictional District Court. - 4 - HC-KAR NC: 2026:KHC:5062 RFA No. 816 of 2025 In the event of the appeal being filed within a period of two weeks from the date of receipt of a certified copy of this order, the petitioners shall be entitled to the benefit of exclusion of time under Section 14 of the Limitation Act, 1963. The Registry is directed to forthwith return the certified copies to the learned counsel for the petitioners after retaining photocopies thereof. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 43