- 1 - NC: 2025:KHC:7682 MFA No. 819 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 819 OF 2025 (CPC-) BETWEEN: 1. SMT. LAKSHMIDEVI, W/O SRI. CHENNAKESHAVA, D/O LATE. MUNIYAPPA, AGED ABOUT 45 YEARS, R/AT NO.68, KUDUREGERE MAIN ROAD, 6TH CROSS, MADANAYAKANAHALLI KUVEMPU NAGAR, MADAVARA, BENGALURU - 562 123. 2. SMT. VENKATALAKSHMAMMA W/O SRI. M. S. MANJUNATH, D/O LATE MUNIYAPPA, AGED ABOUT 37 YEARS, R/AT MANIPURA MANDIKAL, CHIKKABALLAPURA - 562 104. …APPELLANTS (BY SRI. R.S.RAVI, SENIOR COUNSEL FOR SRI. VASANTH RAJ, ADVOCATE) AND: 1. SMT. MUNIGANGAMMA, W/O LATE MUNIYAPPA, AGED ABOUT 66 YEARS, Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:7682 MFA No. 819 of 2025 2. SRI. LAKKAPPA W/O LATE MUNIYAPPA, AGED ABOUT 43 YEARS 3. SRI. NARAYANASWAMY W/O LATE. MUNIYAPPA, AGED ABOUT 39 YEARS, RESPONDENT NO.1 TO 3 ARE R/AT NADAGOWDA GOLLAHALLI, BIDARAHALLI HOBLI, DODDAGUBBI POST, BENGALURU EAST, BENGALURU - 562 149. 4. SRI. N. MADHAVAN S/O SRI RAMACHANDRAN, AGED ABOUT 57 YEARS, R/AT NO. 25, 2ND CROSS, BALAKRISHNA ROAD, R.S.PALYA, M.S.NAGAR POST BENGALURU - 560 033. 5. KRISHNA VENI W/O LATE CHINNASWAMY V AGED ABOUT 64 YEARS 6. SRI. GOPAL KRISHNAN CHINNASWAMY S/O LATE CHINNASWAMY V AGED ABOUT 44 YEARS 7. SRI. SRIDHARAN CHINNASWAMY S/O LATE CHINNASWAMY V AGED ABOUT 47 YEARS RESPONDENT NO.5(a) TO 5(c) - 3 - NC: 2025:KHC:7682 MFA No. 819 of 2025 R/AT NO.24521, OLD ORCHARD ST. NAVI, MI 48375, USA, REPRESENTED BY HIS GPA HOLDER SRI. GOPAL KRISHNAN CHINNASWAMY. 8. SMT. SARAMMA MATHEW W/O SRI. MATHEW, AGED ABOUT 46 YEARS, R/AT NO.691, GRACE COLLEGE, 9TH B CROSS, MARUTHY LAYOUT, HENNUR CROSS, KALAYAN NAGAR POST BENGALURU - 560 043. 9. SMT. S. T. ROOPAVATHAMMA W/O SRI. M. SONNAPPA, AGED ABOUT 65 YEARS, R/A FLAT NO.7A, NANDAGOKOLA, KEVEMPU ROAD, HEBBAL KEMPAPURA, BENGALURU - 560 024. 10. SRI. SURESH J S/O SRI. V. JAYA KUMAR, AGED ABOUT 33 YEARS, 11. SMT. RAMYA R W/O SRI. SURESH J AGED ABOUT 28 YEARS, RESPONDENT NO.8 AND 9 ARE R/AT NADAGOWDA GOLLAHALLI, BIDARAHALLI HOBLI, DODDAGUBBI POST, BENGALURU EAST, BENGALURU - 562 149. - 4 - NC: 2025:KHC:7682 MFA No. 819 of 2025 12. MR. C. O. MATHEW S/O LATE C. T. OOMEN, AGED ABOUT 64 YEARS, R/A NO. "PEACE COTTAGE", NO.139, 3RD CROSS, MALLIAPPA LAYOUT, BABUSAPALYA, BENGALURU - 560 043. 13. MR. MILAN K. MATHEW S/O MR. MATHEW PHILIP, AGED ABOUT 36 YEARS, R/AT KIZHAKKANETHU HOUSE, KAVIYOOR P O, THIRUVALLA, PATHANAMTHITTA, KERALA - 689 582. …RESPONDENTS (BY SRI. H.S.SUHAS, ADVOCATE FOR C/R5; SRI. SANTHOSH A., ADVOCATE FOR R10 & 11) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED: 08.01.2025 PASSED ON I.A.NO.I IN OS.NO.1488/2023 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE IA.NO.1 DATED:24.08.2023 AND IA DATED:25.11.2024 FILED BY THE PLAINTIFF UNDER ORDER 39 RULE 1 AND 2 OF CPC AND ALLOWING THE IA. DATED:21.11.2023 FILED UNDER ORDER 39 RULE 4 OF CPC FILED BY DEFENDANT NO.8 AND 9. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - NC: 2025:KHC:7682 MFA No. 819 of 2025 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned counsel for the respondent is present. After arguing the matter at length learned counsel for the appellants seeking permission to withdraw the appeal and to file fresh application for making the site owners as parties as well as for amending the plaint. Submission is placed on record. Appeal is dismissed as withdrawn. Liberty is granted as prayed for. Sd/- (K.NATARAJAN) JUDGE SRK List No.: 1 Sl No.: 19 CT:SK