- 1 - HC-KAR NC: 2026:KHC-D:2401 RFA.CROB No. 100019 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO RFA CROSS OBJ NO. 100019 OF 2024 (PAR/POS) BETWEEN: 1. SMT. KASTUREWWA W/O GOVIND BIRADAR AGE. 67 YEARS, OCC. AGRICULTURE/ HOUSE HOLD WORK, R/O. SANGAPUR S.H. TQ. & DIST. VIJAYAPUR. 2. SMT. YALLAPPA S/O KRISHNAPPA DODAMANI AGE. 52 YEARS, OCC. AGRICULTURE, R/O. BUDNI P.M. TQ. MUDHOL, DIST. BAGALKOT. 3. SMT. SUNANDA W/O SHENKARAPPA KARALINGANAVAR AGE. 51 YEARS, OCC. AGRICULTURE/HOUSEHOLD WORK, R/O. SHIRUR, TQ. & DIST. BAGALKOT. …CROSS OBJECTORS (BY SRI. M.C. HUKKERI, ADVOCATE) AND: 1. [SRI. MALLIKARJUN @ RAJU S/O BASAPPA ARIBENCHI SINCE DECEASED BY HIS LRS] SMT. LAXMIBAI W/O MALLIKARJUN ARIBENCHI AGE. 47 YEARS, OCC. AGRICULTURE, R/O.PETLUR, TQ. MUDHOL, DIST. BAGALKOT. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:2401 RFA.CROB No. 100019 of 2024 2. SHRI. NIRUPAM S/O MALLIKARJUN ARIBENCHI AGE. 9 YEARS, 3. SMT. SARASWATI D/O MALLIKARJUN ARIBENCHI AGE. 12 YEARS, 2 AND 3 SINCE MINOR ARE REPRESENTED THEIR NATURAL GUARDIAN 1. SMT. LAXMIBAI W/O MALLIKARJUN ARIBENCHI 4. SMT. TUNGAWWA W/O RAMAPPA ARIBENCHI AGE. 63 YEARS, OCC. HOUSEHOLD WORK, R/O.HALAGALI, TQ. MUDHOL, DIST. BAGALKOT. 5. SMT. IRAWWA W/O SADASHIV B PATIL AGE. 38 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. MALLAPUR, TQ. MUDHOL, DIST. BAGALKOT. …RESPONDENTS THIS RFA.CROB IN RFA NO.100084/2019 FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO CALL FOR RECORDS AND MODIFY THE TRAIL JUDGMENT AND DECREE PASSED IN OS NO.127/2017 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL DATED 07.01.2019 IN SO FAR AS ALLOTMENT OF UNEQUAL SHARE AND AWARD CORRECT SHARE AS 1/4TH SHARE TO THE PLAINTIFF AND 1/4TH SHARE TO THE DEFENDANT NO.4 AND 5 JOINTLY IN THE SUIT PROPERTIES IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS RFA CROB. COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2026:KHC-D:2401 RFA.CROB No. 100019 of 2024 ORAL ORDER The learned counsel for the cross objectors filed a memo for withdrawal of the RFA Crob., which reads as under: “1. It is submitted that, present cross-objector No.1 is the plaintiff before trial court has filed a suit bearing O.S.No.127/2017 against her brothers and sisters seeking partition in respect of suit schedule properties the defendants are contested the case after hearing both parties the trial court decreed the suit by allotting notional share to the plaintiff in the suit schedule properties. Being aggrieved the defendants No.1 to 3 have filed R.F.A.No.100084/2019 against the judgment and decree passed in O.S.No.127/2017 the appellants/defendants withdraw the R.F.A.No.100084/ 2019 on 22/01/2025. During pendency of said R.F.A the plaintiff and defendant No.4 and 5 have filed this cross objection seeking their equal shares in the suit schedule properties as per supreme court judgment rendered in Vineeta Sharma V/s Rakesh Sharma and others. 2. It is submitted that, during pendency of this cross appeal the plaintiff has filed F.D.P.No.8/2019 as per decree passed in O.S.No.127/2017 on the file of Pril. Civil Judge & JMFC Mudhol At: Mudhol wherein cross - 4 - HC-KAR NC: 2026:KHC-D:2401 RFA.CROB No. 100019 of 2024 objector/plaintiff has filed application for modification of her share in F.D.P. case. Hence the cross objectors are requesting this Hon'ble court dismiss this cross objection as withdrawn reserving liberty to pursue the F.D.P. case for modification of her share as per above mentioned supreme court decision in the interest of justice and equity. Hence this case may be dismissed as withdrawn in terms of this memo.” 2. The memo is accepted and the RFA Crob. is dismissed as withdrawn. Sd/- (DR.K.MANMADHA RAO) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 32