- 1 - NC: 2025:KHC:12173 RFA No. 397 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 397 OF 2025 (PAR) BETWEEN: SMT. BHAGYALAKSHMI, D/O LATE SHAMANNA REDDY, W/O SRI. R. PRAKASH, AGED 49 YEARS, RESIDING AT NO.10, KATTALI PALYA, KORAMANGALA 6TH BLOCK, BANGALORE - 560 095. …APPELLANT (BY SRI. PRAKASH M S., ADVOCATE) AND: 1. SMT. RAJAMMA, D/O THAYAPPA @ THAYAPPA REDDY, W/O LATE SHAMANNA REDDY, AGED 79 YEARS, 2. SMT. DEVIKA, W/O VENKATASWAMY REDDY, AGED ABOUT 56 YEARS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12173 RFA No. 397 of 2025 3. SRI. MANOJ KUMAR, S/O LATE VENKATASWAMY REDDY, AGED 31 YEARS, 4. SMT. NIROSHA, D/O LATE VENKATASWAMY REDDY, AGED 30 YEARS, 5. SRI. S. RAMESH, S/O LATE SHAMANNA REDDY, AGED 59 YEARS, 6. SRI. RAVINDRA REDDY, S/O LATE SHAMANNA REDDY, AGED 57 YEARS, 7. SMT. SARASWATHI, D/O LATE SHAMANNA REDDY, AGED 48 YEARS, 8. SMT. MANJULA, D/O LATE SHAMANNA REDDY, W/O GOVINDARAJU, AGED 47 YEARS, RESPONDENTS NO.1 TO 8 ARE ALL RESIDING AT NO.98, V.P. ROAD, NEAR SOMESHWARA TEMPLE, BTM I STAGE, MADIWALA- BOMMANAHALLI, BANGALORE - 560 068. 9. M/S. ODION BUILDERS & DEVELOPERS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.1556 AND 1557, - 3 - NC: 2025:KHC:12173 RFA No. 397 of 2025 9TH MAIN ROAD, HSR LAYOUT, SECTOR-1, BANGALORE - 560 102. REPT. BY ITS PARTNERS a) K. VITHESH RAJ, S/O R. KIRUBANANDAM, AGED 35 YEARS, b) K. OASIS REDDY S/O R. KIRUBANANDAM AGED 34 YEARS …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 5.08.2024 PASSED ON IA NO.2 IN OS NO.738/2023 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU., ALLOWING THE IA NO.2 FILED UNDER ORDER 7 RULE 11 OF CPC., FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 4 - NC: 2025:KHC:12173 RFA No. 397 of 2025 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal, which reads as follows: "The Appellant submits that the appellant may be permitted to withdraw the appeal so as to re-present the same before the jurisdictional District and Sessions Judge Bangalore Rural District at Bangalore in view of the jurisdiction, the entire file may be ordered to be returned to the appellant in the above case in the interest of justice and equity." 2. In terms of the above memo, appeal is dismissed as withdrawn. Registry is directed to return all the papers to the appellant, without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMJ List No.: 1 Sl No.: 83