- 1 - NC: 2025:KHC:17953 MFA No. 2418 of 2021 C/W MFA No. 2415 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2418 OF 2021 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 2415 OF 2021 (CPC) IN MFA No. 2418/2021 BETWEEN: INDIRANAGAR CLUB A SOCIETY REGISTERED BY THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS OFFICE AT NO.3273, 2ND STAGE, BENGALURU-560 038 REPRESENTED HEREIN BY ITS SECRETARY SRI. M. NAGENDRA …APPELLANT (BY SRI. SUKUMARAN G., ADVOCATE) AND: P. MUNISWAMY S/O LATE SRI. PAPAIAH AGED ABOUT 70 YEARS R/AT NO.M-1, LIC COLONY, 15TH SECTOR, JEEVANBIMANAGAR, BENGALURU - 560 075 …RESPONDENT (BY SRI. V.S. HARISH & SRI. P.B. RAJU, ADVOCATES.) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17953 MFA No. 2418 of 2021 C/W MFA No. 2415 of 2021 THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.26.02.2021 PASSED ON IA NO.1 IN O.S.NO.25515/2020 ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-20), ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC. IN MFA NO. 2415/2021 BETWEEN: 1. INDIRANAGAR CLUB A SOCIETY REGISTERED BY THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS OFFICE AT NO.3273 2ND STAGE, BENGALURU-560 038 REPRESENTED HEREIN BY ITS SECRETARY SRI. M. NAGENDRA 2. SRI B.N.S. REDDY AGED ABOUT 62 YEARS, R/AT 7TH CROSS, CAMBRIDGE LAYOUT, BENGALURU-560008. 3. SRI M. NAGENDRA S/O SRI MUNIVENKATAPPA AGED ABOUT 59 YEARS, R/AT NO.131, 2ND A CROSS, DOMLUR LAYOUT, BENGALURU-560071. ...APPELLANTS (BY SRI. SUKUMARAN G., ADVOCATE) AND: 1. DR. B V CHANDREGOWDA S/O LATE SRI B. CHIKKAVENKATEGOWDA R/AT NO.720/A-7, 11TH MAIN, 9TH CROSS, HAL II STAGE, INDIRANAGAR, BANGALORE-560008. - 3 - NC: 2025:KHC:17953 MFA No. 2418 of 2021 C/W MFA No. 2415 of 2021 2. AHMED ABBAS S/O LATE SRI DR. H M FAREED AGED ABOUT 43 YEARS, R/AT NO.569, 1ST FLOOR 6TH CROSS, 8TH MAIN HAL II STAGE, INDIRANAGAR, BENGALURU-560038. 3. V. MUNIRAJU S/O LATE SRI. VENKATAPPA, AGED ABOUT 64 YEARS, R/AT NO.4444, M.E.S. COLONY, KONENA AGRAHARA, HAL II STAGE, INDIRANAGAR, BENGALURU-560008. 4. SAMARTH PRAKASH S/O SRI D K PRAKASH AGED ABOUT 34 YEARS, R/AT NO.2722 NEW DHIPPASANDRA MAIN ROAD, HAL 3RD STAGE BENGALURU-560075 5. A B SHARATH S/O SRI A BHOJARAJ AGED ABOUT 42 YEARS, R/AT NO.201, SENTINI PLAZA WHISPERING MEADOWS VASAWANI LAYOUT, CHALLAGHATTA BENGALURU-560037. 6. P. MUNISWAMY S/O LATE SRI PAPAIAH AGED ABOUT 70 YEARS, R/AT NO.M-1, LIC COLONY 15TH SECTOR, JEEVANBHIMANAGAR BENGALURU-560075 - 4 - NC: 2025:KHC:17953 MFA No. 2418 of 2021 C/W MFA No. 2415 of 2021 7. K. NARAYANA S/O SHRI K. KRISHNAPPA M., AGED ABOUT 68 YEARS, R/AT NO.854/C, 10TH MAIN 3RD CROSS, 2ND STAGE, INDIRANAGAR, BENGALURU-5600038. 8. RAM MOHAN MENON, S/O LATE SRI A D MENON, AGED ABOUT 65 YEARS, R/AT NO. 58/A, SWAGATHAM 1ST CROSS ROAD, DOMLUR LAYOUT BENGALURU-560071 9. S. RAJKUMAR, S/O SRI SELVARAJ A AGED ABOUT 47 YEARS, R/AT 274, V R MANOR, FLAT NO.204, 100 FEET ROAD, INDIRANAGAR, BENGALURU-560038 10. BABU R CHETHAN REDDY S/O B N R REDDY, AGED ABOUT 36 YEARS, R/AT SRI RASHI NO.1172 5TH MAIN ROAD, SECTOR 7, HSR LAYOUT BENGALURU-560102 11. AMAR SADASHIVAIAH S/O LATE SADASHIVAIAH, AGED ABOUT 45 YEARS, R/AT NO.63 1ST CROSS, INDIRANAGAR, HAL 3RD STAGE, BENGALURU-56007 ...RESPONDENTS (BY SRI. KAMALACHARAN, ADV. FOR C/R1 TO R5.) THIS M.F.A. IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED:26.02.2021 PASSED ON IA.No.2 IN O.S.No.2468/2020 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU, (CCH-20), ALLOWING IA No.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC, READ WITH SECTION 151 OF CPC. - 5 - NC: 2025:KHC:17953 MFA No. 2418 of 2021 C/W MFA No. 2415 of 2021 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking leave of this Court to dismiss the appeal as not pressed. 2. In view of the memo, the appeals are dismissed as withdrawn. Sd/- (HANCHATE SANJESEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 9