JUDGMENT : S.R. KRISHNA KUMAR, J. 1. Learned counsel for the appellants files a memo seeking permission to withdraw the appeal. The said memo is taken on record and the same reads as under: " MEMO FOR RETURN OF APPEAL PAPERS FOR RE-PRESENTATION BEFORE THE APPROPRIATE COURT The Appellate respectfully submits that the present appeal is arising out of the Judgment and Final Decree dated 10.11.2023 in FDP.No.2/2023 on the file of the learned Senior Civil Judge and JMFC, Bantwal, D.K. District. The said FDP.No.2/2013 was instituted pursuant to the Judgment and Preliminary Decree dated:13.07.2012 in OS.No.66/2006 (Old OS.No.87/2003) passed by the learned Senior Civil Judge and JMFC, Bantwal, D.K. District. As per the suit valuation, the subject matter of the suit property involved was valued at Rs.10,06,341=50 and Plaintiff's 1/6 th share was valued at Rs.1,67,723=50 for the purpose of Court Fee, whereas, for the purpose of jurisdiction, the suit property was valued at Rs.37,87,500=00 and Plantiff's 1/6 th share was valued at Rs.6,31,250=00. In view of the above, the appeal would lie before the learned District and Sessions Judge, D.K., Mangalore, as the Judgment and Decree impugned was passed by the learned Senior Civil Judge and JMFC., BAntwal, D.K.District. Therefore, it is respectfully prayed that this Hon'ble Court may be pleased to direct the Registry to return the appeal papers with all Annexures and IA with affidavits to represent the same before the proper court within a time frame, in the interest of justice and equity." 2. Learned counsel for the appellants submits that the appeal may be disposed as withdrawn reserving liberty in favour of the appellants to file an appeal before the District Court by executing the period of limitation spent in the present appeal before this Court under Section 14 of the Limitation Act, 1963. 3. The said submission is placed on record. 4. Accordingly, the appeal is disposed as withdrawn reserving liberty in favour of the appellants to file an appeal before the jurisdictional Appellate Court. 5. If such an appeal is filed before the jurisdictional Appellate Court, within a period of eight (8) weeks from today, the entire period from the date of filing of the present appeal i.e., 12.09.2025 till today shall be excluded for the purpose of limitation under Section 14 of the Limitation Act, 1963. 6. 5. If such an appeal is filed before the jurisdictional Appellate Court, within a period of eight (8) weeks from today, the entire period from the date of filing of the present appeal i.e., 12.09.2025 till today shall be excluded for the purpose of limitation under Section 14 of the Limitation Act, 1963. 6. Registry is directed to return all the papers back to the learned counsel for the appellants forthwith without any delay.