- 1 - NC: 2025:KHC:7106 MFA No. 2819 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO.2819 OF 2022 (CPC) BETWEEN: GUDIYAPPA S/O LATE CHIKKANNA, AGED ABOUT 61 YEARS, NO.28, 1ST MAIN, 3RD CROSS, MANGAMMANAPALYA, BENGALURU - 560 068. …APPELLANT (BY SRI. V. VISHWANATHA SHETTY, ADVOCATE) AND: 1. MUNIYAPPA S/O LATE CHIKKANNA, AGED ABOUT 79 YEARS, R/AT NO.208/70, DODDANAGAMANGALA, ELECTRONICS CITY POST, BENGALURU - 560 100. VENKATASWAMY SINCE DECEASED REP. BY LRS. RESPONDENTS NO.2 TO 4. 2. SMT. CHOWDAMMA W/O LATE VENKATASWAMY, AGED ABOUT 52 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:7106 MFA No. 2819 of 2022 3. MS. TEJU D/O LATE VENKATASWAMY, AGED ABOUT 24 YEARS, 4. MS. ASHWINI D/O LATE VENKATASWAMY AGED ABOUT 22 YEARS, R1 TO R4 ARE R/AT KOTHANUR DINNE VIII PHASE, J P NAGAR BENGALURU - 560 178. BEERAMMA SINCE DECEASED REP. BY LRS. FOR RESPONDENTS NO.5 TO R9 5. MAHADEVAMMA D/O LATE BEERAMMA, AGED ABOUT 60 YEARS, 6. MUNIRATHNAMMA D/O LATE BEERAMMA, AGED ABOUT 58 YEARS, 7. SHANTHAMMA D/O LATE BEERAMMA AGED ABOUT 56 YEARS, 8. MUNIRAJU S/O LATE BEERAMMA AGED ABOUT 54 YEARS, 9. GANESH S/O LATE BEERAMMA AGED ABOUT 54 YEARS, RESPONDENTS NO.5 TO 9 ARE R/AT DODDANAGAMANGALA ELECTRONICS CITY POST BENGALURU - 560 100. - 3 - NC: 2025:KHC:7106 MFA No. 2819 of 2022 10. 11. 12. 13. 14. THOPAMMA SINCE DECEASED REP. BY LRS. SMT. M. LAKSHMI D/O LATE THOPAMMA AGED ABOUT 74 YEARS SMT. LAGUMESH S/O LATE THOPAMMA AGED ABOUT 45 YEARS SMT. BHAGYA D/O LATE THOPAMMA AGED ABOUT 43 YEARS SMT. SHOBHA D/O LATE THOPAMMA AGED ABOUT 41 YEARS SMT. MANJULA D/O LATE THOPAMMA AGED ABOUT 39 YEARS RESPONDENTS NO.10 T0 14 ARE R/AT NO.41, 4TH CROSS VINAYAKA TEMPLE KOTHANURU DINNE MAIN ROAD 7TH BLOCK, J.P. NAGAR BENGALURU - 560 078. 15. MUNIYAMMA D/O LATE CHIKKANNA AGED ABOUT 63 YEARS, R/A BESTHAMANAHALLI, KASABA HOBLI, ANEKAL BENGALURU - 562 178. 16. VENKATESHAMMA D/O LATE CHIKKANNA AGED ABOUT 61 YEARS, R/AT NO.152, DODDANAGAMANGALA - 4 - NC: 2025:KHC:7106 MFA No. 2819 of 2022 ELECTRONICS CITY POST, BENGALURU - 560 100. 17. NAGARAJ S/O LATE ALLELU MUNIYAPPA AGED ABOUT 48 YEARS, R/AT NO.3, 3RD MAIN, DOMLURU LAYOUT, BENGALURU - 560 071. 18. BHADRAMMA D/O LATE ALLELU MUNIYAPPA AGED ABOUT 68 YEARS, R/AT NO.3, 3RD MAIN, DOMLURU LAYOUT, BENGALURU - 560 071. 19. SHIVARUDRAIAH S/O LATE VEERABHADRAIAH AGED ABOUT 65 YEARS, R/AT SHIVANAHALLI VILLAGE, KASABA HOBLI, KANAKAPURA - 563 171. …RESPONDENTS (BY SRI. V. ANAND, ADVOCATE FOR C/R1; NOTICE TO R2 TO R19 DISPENSED WITH V/O DATED 18.02.2025) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 21.02.2022 PASSED ON I.A. IN O.S.NO.353/2009 ON THE FILE OF THE VI ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - NC: 2025:KHC:7106 MFA No. 2819 of 2022 CORAM: HON'BLE MR. JUSTICE K.NATARAJAN ORAL JUDGMENT 1. Learned counsel for the appellant seeks permission to withdraw the appeal and further seeks a direction to the Trial Court to dispose of the matter within a time frame. 2. The submission is placed on record. 3. The appeal is dismissed as withdrawn. However, the Trial Court is directed to dispose of the matter as early as possible within one year from the date of receipt of certified copy of this Judgment. SD/- (K.NATARAJAN) JUDGE sac List No.: 1 Sl No.: 26