- 1 - NC: 2025:KHC:17949 MFA No. 1635 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. 1635 OF 2021 (CPC) BETWEEN: 1. SRI H NARAYANAPPA S/O HANUMANTHAPPA AGED ABOUT 64 YEARS 2. MUNIRAJU S/O H. NARAYANAPPA AGED ABOUT 38 YEARS 3. RANGASWAMY S/O H NARAYANAPPA AGED ABOUT 36 YEARS 4. H CHIKKANNA S/O LATE HANUMANTHAPPA AGED ABOUT 58 YEARS 5. ASHWATH S/O H CHIKKANNA AGED ABOUT 34 YEARS 6. PUTTARAJU S/O H CHIKKANNA AGED ABOUT 32 YEARS ALL ARE R/AT MALLATHAHALLI VILLAGE, YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560056. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17949 MFA No. 1635 of 2021 (REPRESENTED BY THEIR G.P.A HOLDER) SRI. C. SHIVARUDRAIAH S/O CHIKKAMUNIYAPPA AGED ABOUT 71 YEARS R/AT NO.103/2, LAKE ROAD, NGEF LAYOUT, MALLATHAHALLI, BENGALURU-560056. …APPELLANTS (BY SRI. VISHWANATHA M S., ADVOCATE) AND: 1. SMT. SHAMALA B L W/O LATE H L KRISHNAMURTHY AGED ABOUT 62 YEARS R/AT NO.20, 3RD CROSS, 8TH MAIN, VASANTH NAGARA, BENGALURU-560052. 2. SMT. K S PARVATHAMMA W/O B. NAGARAJA, AGED ABOUT 67 YEARS 3. SRI. MURALIDHAR N S/O LATE N NAGARAJA AGED ABOUT 47 YEARS 4. SRI. ASHOK N S/O LATE B NAGARAJA AGED ABOUT 46 YEARS 5. SRI. KIRAN N S/O LATE B NAGARAJA AGED ABOUT 39 YEARS RESPONDENT NO.2 TO 5 ARE R/AT NO.334, SANDHYODHAYA K U SANGHA, 9TH CROSS, 7TH MAIN, 1ST STAGE, NAGARABHAVI, BENGALURU-560072. - 3 - NC: 2025:KHC:17949 MFA No. 1635 of 2021 6. SRI. G M BABU S/O SRI. MOTAPPA AGED ABOUT 34 YEARS R/AT NO.3380, 3RD CROSS, 6TH MAIN ROAD, R P C LAYOUT VIJAYA NAGAR, BENGALURU-560040. …RESPONDENTS (BY SRI. G DEVARAJ, ADVOCATE FOR R1; SRI. MUNIRAJA, ADVOCATE FOR R2 TO R6) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 23.01.2020 PASSED ON I.A.NO.1 AND III IN OS.NO.8127/2018, ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-18, DISMISSING THE I.A NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC, ALLOWING THE I.A.NO.3 FILED UNDER ORDER 39 RULE 4 R/W SECTION 151 CPC. THIS APPEAL, 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 withdrawal of the appellants since the matter is settled before the Lok Adalat. 2. In view of the memo, the appeal is dismissed as withdrawn. - 4 - NC: 2025:KHC:17949 MFA No. 1635 of 2021 3. In view of dismissal of the main appeal, pending interlocutory applications stands disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 6