- 1 - NC: 2025:KHC:4416-DB RFA No. 1280 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 1280 OF 2018 (DEC/INJ) BETWEEN: H SANJEEVAPPA SINCE DEAD., REP. BY HIS LRs 1(a) H S SRIDHARA S/O LATE H SANJEEVAPPA AGED ABOUT 57 YEARS R/AT NO.866, NEW NO.14 13TH MAIN, 5TH CROSS NEAR MARUTHI CIRCLE HANUMANTHA NAGARA BENGALURU-560019. …APPELLANT (BY SRI. AMBAJI RAO NAJRE - ADVOCATE) AND: 1. B LOKESH S/O LATE BEMANNA AGEDA BOUT 45YEARS R/ATNO.119, MARUTHI NAGARA MAHADESHWARA, NAGARA MAIN ROAD HEROHALLI CROSS, VISHWANEEDAM POST BENGLURU-560091. ALSO AT:SITE NO.32 FORMED IN SY.NO.162/2 VENKATESHWRA LAYOUT OPP:SYNDICATE BANK COLONY HEROHALLI, YESHWANTHPUR BENGALURU-560091. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4416-DB RFA No. 1280 of 2018 2. P ASHOK KUMAR S/O R.PARASMAL, R/AT NO.29/1, 7TH MAIN ROAD PAEDARAYANA PURA BENGALURU-560086 ALSO AT:SITE NO.32 FORMED IN SY.NO.162/2 VENKATESHWRA LAYOUT OPP:SYNDICATE BANK COLONY HEROHALLI, YESHWANTHPUR BENGALURU-560091. 3. B S NAVEEN S/O SHANTHAKUMAR AGED ABOUT 34 YEARS R/AT 185 C, SRIHARI KRUKPA GIRINAGARA 1ST STAGE 3RD CROSS, BENGALURU-560050 ALSO AT:SITE NO.32 FORMED IN SY.NO.162/2 VENKATESHWRA LAYOUT OPP:SYNDICATE BANK COLONY HEROHALLI, YESHWANTHPUR BENGALURU-560091. 4. B PARVATHI W/O CHINNEGOWDA AGED ABOUT 40 YEARS R/AT HOUSE NO.21 AVALAHALLI MAIN ROAD MUNESHWARA BLOCK BANASHANKARI 3RD STAGE BENGLAURU-560026. ALSO AT:SITE NO.32 FORMED IN SY.NO.162/2 VENKATESHWRA LAYOUT OPP:SYNDICATE BANK COLONY HEROHALLI, YESHWANTHPUR BENGALURU-560091. - 3 - NC: 2025:KHC:4416-DB RFA No. 1280 of 2018 5. H S BHAGYA LAKSHMI W/O R SURESH BABU AGED ABOUT 55 YEARS R/AT NO.27, HUCCHAPPA LAYOUT 5TH A CROSS, SHANTHIVARI GOPALA NAGARA MUDALAPALYA, BENGALURU-560040. 6. H S ROOPA KUMAR D/O H SANJEEVAPPA AGED ABOUT 48 YEARS R/AT NO.27, 6TH A CROSS HUCHAPPA LAYOUT SHANTHIVARI GOPAL NAGAR MUDALAPALYA, BENGALURU-56700401 (VIDE COURT ORDER DATED 30.01.2025 RESPONDENTS NO.5 & 6 ARE TREATED AS LEGAL REPRESENTATIVES OF APPELLANT) …RESPONDENTS (BY SRI. P M SIDDAMALLAPPA – ADVOCATE FOR RESPONDENT NO.1(ABSENT); RESPONDENTS NO.5 & 6 ARE SERVED AND UNREPRESENTED) THIS RFA FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.11.2017 PASSED IN O.S.NO.1939/2015 ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU(RURAL) DISTRICT, BENGALURU, DISMISSING THE SUIT FOR DECLARATION. THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T - 4 - NC: 2025:KHC:4416-DB RFA No. 1280 of 2018 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree rendered by the Trial Court in O.S.No.1939/2015 dated 07.11.2017. 2. Learned counsel Shri Ambaji Rao Najre for appellant who is present before Court physically, submits that I.A.No.1/2018 is filed under Section 5 of the Limitation Act seeking condonation of delay of 17 days in filing the appeal. The application is appended with an affidavit of the appellant assigning reasons. The reasons stated in the affidavit in support of the application are found to be justifiable and acceptable. Hence, I.A.No.1/2018 is allowed and the delay of 17 days in filing is condoned. 3. Learned counsel further submits that the appellant H. Sanjeevappa has died during the pendency of the appeal as on 12.11.2021. This submission of the learned counsel for the appellant is placed on record. An application I.A.No.1/2024 is filed under Section 5 of the Limitation Act seeking condonation of delay of 1016 days in filing the LR application to bring the legal representatives of deceased Sanjeevappa on record. The - 5 - NC: 2025:KHC:4416-DB RFA No. 1280 of 2018 aforesaid application is appended with an affidavit in detail. Therefore, the reasons assigned being found to be justifiable and acceptable, I.A.No.1/2024 is allowed and the delay of 1016 days in filing the appeal is condoned. 4. The application I.A.No.2/2024 is filed under Order 22 Rule 9 CPC seeking to set aside the abatement. This application is also appended with an affidavit. In view of the reasons assigned in the application being found to be justifiable and acceptable, I.A.No.2/2024 is allowed and the abatement is set aside. I.A.No.3/2024 is filed under Order 22 Rule 3 CPC seeking to bring the legal representative of the deceased appellant namely Shri H.S. Sridhara on record as Appellant No.1(a). This application is also appended with an affidavit which is found to be justifiable and acceptable. Accordingly, I.A.No.3/2024 is allowed and consequently, learned counsel for the appellant is directed to bring the legal representatives of deceased appellant on record. Learned counsel for the appellant shall carry out the amendment to the cause-title in the course of the day and shall also file an amended cause-title. 5. Further, learned counsel for the appellant has filed a memo for withdrawal of this appeal. In this memo, it reveals - 6 - NC: 2025:KHC:4416-DB RFA No. 1280 of 2018 that in view of the death of the original plaintiff / appellant herein, the legal heirs of the appellant have decided to withdraw the appeal. It is further prayed that in view of the withdrawal of the appeal, the entire Court fee paid may be refunded to the appellant. Therefore, learned counsel for the appellant forcefully submits that the memo of withdrawal be taken on record and he may be permitted to withdraw this appeal. 6. In the meanwhile of consideration of the memo for withdrawal filed by the learned counsel, learned counsel further submits that Respondent Nos.5 and 6 are also the legal representatives of the deceased appellant H. Sanjeevappa and they shall also be treated as legal representatives of appellant in this appeal. This submission of the learned counsel is taken on record and respondent Nos.5 and 6 are also treated as the legal representatives of the deceased appellant. 7. Keeping in view the submission of the learned counsel for the appellant, the memo for withdrawal is taken on record and consequently, the legal representatives of the appellant who have come on record, are permitted to withdraw this - 7 - NC: 2025:KHC:4416-DB RFA No. 1280 of 2018 appeal as sought for. Accordingly, the appeal is dismissed as withdrawn. 8. In view of dismissal of the appeal, the application I.A.No.1/2021 is disposed of as a consequence. 9. The Registry is directed to refund the entire Court Fee paid in this appeal in favour of Shri H.S. Sridhara / Appellant No.1(a) in accordance with the prevailing guidelines, however on intimation to Respondent Nos.5 and 6 who are also the legal representatives of the deceased appellant. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE KS