- 1 - HC-KAR NC: 2026:KHC:4682 RFA No. 2916 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 2916 OF 2024 (PAR) BETWEEN: 1. PAVAN KUMAR S/O BABY CHANDRAN AGED ABOUT 29 YEARS 2. KUM. MEGHANA D/O BABY CHANDRAN AGED ABOUT 27 YEARS BOTH ARE R/AT 7TH CROSS 2ND MAIN ROAD, RANGANATHAPURA MAGADI ROAD BENGALURU-560 079. …APPELLANTS (BY SRI. MARUTHI .G.B, ADVOCATE) AND: 1. SMT. CHANDRALEELA W/O LATE YASHODAPPA DEAD SRI. RAJENDRA PRASAD S/O LATE YASHODAPPA AGED ABOUT 66 YEARS BUILDING CONTRACTOR R/O H.NO. 4175 VIVEKANANDA NAGAR BANGARPET KOLAR DSITRICT-563 114. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4682 RFA No. 2916 of 2024 2. SRI. BABY CHANDRAN S/O LATE YASHODAPPA AGED ABOUT 64 YEARS 3. SRI DHANYA SAMSON DEAD BY LRS MARY W/O LATE DHANYA SAMSON AGED ABOUT 62 YEARS R/O H.N. 110, 7TH CROSS 2ND MAIN ROAD, RANGANATHAPURA MAGADI ROAD, BENGALURU-560079. 4. ANITHA D/O LATE YASHODAPPA AGED ABOUT 56 YEARS 5. DEVASHGEERVAD S/O LATE YASHODAPAPA AGED ABOUT 55 YEARS 6. DHANSUNIL DEAD BY LRS STELLA MARY W/O LATE DHANSUNIL AGED ABOUT 61 YEARS 7. SONIA MARIYA D/O LATE DHANSUNIL AGED ABOUT 25 YEARS 8. DEVARAJ EDWIN D/O LATE DHANSUNIL AGED ABOUT 21 YEARS 9. MOSES ARON S/O LATE YASHODAPPA AGED ABOUT 45 YEARS - 3 - HC-KAR NC: 2026:KHC:4682 RFA No. 2916 of 2024 R4 TO R9 ARE R/AT BACK ROAD OF STATE BANK OF MYSORE SHETTYHALLI MAIN ROAD MARUTHINAGAR TUMAKURU CITY-572 101. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.10.2024 PASSED IN OS.NO.439/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, TUMAKURU, PARTLY DECREEING THE SUIT FOR PARTITION. 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 for the appellant has filed a memo seeking permission to withdraw the appeal. Memo is taken on record. 2. In view of the memo, the appeal is dismissed as withdrawn. However, liberty is reserved to the appellant to approach the District Court. 3. In the event, an appeal is filed within two weeks from the date of receipt of certified copy of this - 4 - HC-KAR NC: 2026:KHC:4682 RFA No. 2916 of 2024 order, the time spent in this appeal shall be excluded by extending the benefit of Section 14 of the Limitation Act. 4. Registry is directed to return the certified copy of the judgment and decree after securing photocopy of the same. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 54