- 1 - NC: 2025:KHC:16673 MFA No. 2459 of 2025 C/W MFA No. 2465 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.2459 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.2465 OF 2025 (CPC) IN MFA No.2459/2025: BETWEEN: 1. SMT. MARY PUSHPA D/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, AGED ABOUT 56 YEARS, 2. SMT. ANJALIN D/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, W/O LATE PUSHPA JOSEPH, AGED ABOUT 51 YEARS, 3. SMT. JOSEPHIN D/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, W/O CHANNAPPA, AGED ABOUT 45 YEARS, 4. SMT. ANTHONY MARY D/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, W/O URBEN D'SOUJA AGED ABOUT 45 YEARS ALL THE APPELLANTS ARE R/AT ANNAIAHAPPA MARY HOLA, BEGUR, BEGUR HOBLI, BENGALURU SOUTH TALUK, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16673 MFA No. 2459 of 2025 C/W MFA No. 2465 of 2025 BENGALURU - 560 068. …APPELLANTS (BY SRI. RAJESH MAHALE, SR. ADVOCATE FOR SRI. MADHUKAR NADIG, ADVOCATE) AND: 1. SRI. H. R. RAVICHANDRA S/O LATE. R. RAJASHEKAR REDDY, AGED ABOUT 55 YEARS, R/AT NO. 748, 18TH MAIN ROAD, VI-BLOCK, KORAMANGALA, BANGALORE – 560 095. 2. SMT. PAULIN W/O LATE LAWRENCE, AGED ABOUT 72 YEARS, 3. SRI. CHINNAPPA S/O LATE LAWRENCE, AGED ABOUT 72 YEARS, 4. SMT. SUNITHA D/O LATE LAWRENCE, AGED ABOUT 55 YEARS, 5. SMT. ANITHA D/O LATE LAWRANCE, AGED ABOUT 53 YEARS, 6. SRI. LURDUSWAMY S/O LATE LAWRENCE, AGED ABOUT 46 YEARS, 7. SRI. DANIEL S/O LATE LAWRENCE, AGED ABOUT 43 YEARS, RESPONDENT NO.2 TO 7 ARE R/AT ANNAIAHAPPA MARY HOLA, BEGUR, BEGUR HOBLI, - 3 - NC: 2025:KHC:16673 MFA No. 2459 of 2025 C/W MFA No. 2465 of 2025 BENGALURU SOUTH TALUK, BENGALURU - 560 068. 8. SRI. ZAVEAR S/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, AGED ABOUT 55 YEARS, 9. SRI. ABEL RAJ S/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, AGED ABOUT 35 YEARS, RESPONDENT NO.8 TO 9 ARE R/AT ANNAIAHAPPA MARY HOLA, BEGUR, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 068. 10. SRI . A.J.PAUL CHINNAPPA S/O ANATHANAPPA, AGED ABOUT 62 YEARS, RESIDING AT BEGUR, BENGALURU SOUTH TALUK, BENGALURU - 560 068. 11. SMT. LAKSHMINARASAMMA @ L.N. AMMA W/O LATE L.K. SATHAYANARAYANA, AGED ABOUT 43 YEARS, 12. SRI. L.S. VIJAY S/O LATE L.K. SATHAYANARAYANA. AGED ABOUT 43 YEAR, 13. SMT. S. BHAVYA W/O L.S. VIJAY AGED ABOUT 33 YEARS, 14. SMT. L.S. ROHINI D/O LATE L.K. SATHAYANARAYANA AGED ABOUT 41 YEARS, - 4 - NC: 2025:KHC:16673 MFA No. 2459 of 2025 C/W MFA No. 2465 of 2025 RESPONDENTS NO.11 TO 14 ARE RESIDING AT NO. 140, 2ND MAIN ROAD, PANDURANGA NAGAR, B.G ROAD, BENGALURU – 560 076. 15. SMT. LURDHU MARY D/O LATE ANNAIAHAPPA, @ANATHAMMAN ANIAIAH, W/O BALARAJ, AGED ABOUT 50 YEARS, R/AT ANNAIAPPA MARY HOLA, BEGUR, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 068. …RESPONDENTS (BY SRI. RAJADITHYA SADASIVAN, ADVOCATE FOR R1) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 22.02.2025 PASSED ON I.A.NO V IN RA NO. 131/2022 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.NO.V FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. IN MFA NO.2465/2025: BETWEEN: 1. SMT. MARY PUSHPA D/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, AGED ABOUT 56 YEARS, 2. SMT. ANJALIN D/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, W/O LATE PUSHPA JOSEPH, AGED ABOUT 51 YEARS, 3. SMT. JOSEPHIN D/O LATE ANNAIAHAPPA @ - 5 - NC: 2025:KHC:16673 MFA No. 2459 of 2025 C/W MFA No. 2465 of 2025 ANATHAMMAN ANIAIAH, W/O CHANNAPPA, AGED ABOUT 45 YEARS, 4. SMT. ANTHONY MARY D/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, W/O URBEN D'SOUJA AGED ABOUT 45 YEARS ALL THE APPELLANTS ARE R/AT ANNAIAHAPPA MARY HOLA, BEGUR, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 068. …APPELLANTS (BY SRI. RAJESH MAHALE, SR. ADVOCATE FOR SRI. MADHUKAR NADIG, ADVOCATE) AND: 1. SRI. H. R. RAVICHANDRA S/O LATE. R. RAJASHEKAR REDDY, AGED ABOUT 55 YEARS, R/AT NO. 748, 18TH MAIN ROAD, VI-BLOCK, KORAMANGALA, BANGALORE – 560 095. 2. SMT. PAULIN W/O LATE LAWRENCE, AGED ABOUT 72 YEARS, 3. SRI. CHINNAPPA S/O LATE LAWRENCE, AGED ABOUT 72 YEARS, 4. SMT. SUNITHA D/O LATE LAWRENCE, AGED ABOUT 55 YEARS, 5. SMT. ANITHA D/O LATE LAWRANCE, - 6 - NC: 2025:KHC:16673 MFA No. 2459 of 2025 C/W MFA No. 2465 of 2025 AGED ABOUT 53 YEARS, 6. SRI. LURDUSWAMY S/O LATE LAWRENCE, AGED ABOUT 46 YEARS, 7. SRI. DANIEL S/O LATE LAWRENCE, AGED ABOUT 43 YEARS, RESPONDENT NO.2 TO 7 ARE R/AT ANNAIAHAPPA MARY HOLA, BEGUR, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 068. 8. SRI. ZAVEAR S/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, AGED ABOUT 55 YEARS, 9. SRI. ABEL RAJ S/O LATE ANNAIAHAPPA @ ANATHAMMAN ANIAIAH, AGED ABOUT 35 YEARS, RESPONDENT NO.8 TO 9 ARE R/AT ANNAIAHAPPA MARY HOLA, BEGUR, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 068. 10. SRI . A.J. PAUL CHINNAPPA S/O ANATHANAPPA, AGED ABOUT 62 YEARS, RESIDING AT BEGUR, BENGALURU SOUTH TALUK, BENGALURU-560 068. 11. SMT. LAKSHMINARASAMMA @ L.N. AMMA W/O LATE L.K. SATHAYANARAYANA, - 7 - NC: 2025:KHC:16673 MFA No. 2459 of 2025 C/W MFA No. 2465 of 2025 AGED ABOUT 43 YEARS, 12. SRI. L.S. VIJAY S/O LATE L.K. SATHAYANARAYANA. AGED ABOUT 43 YEAR, 13. SMT. S. BHAVYA W/O L.S. VIJAY AGED ABOUT 33 YEARS, 14. SMT. L.S. ROHINI D/O LATE L.K. SATHAYANARAYANA AGED ABOUT 41 YEARS, RESPONDENTS NO.11 TO 14 ARE RESIDING AT NO. 140, 2ND MAIN ROAD, PANDURANGA NAGAR, B.G ROAD, BENGALURU – 560 076. 15. SMT. LURDHU MARY D/O LATE ANNAIAHAPPA, @ANATHAMMAN ANIAIAH, W/O BALARAJ, AGED ABOUT 50 YEARS, R/AT ANNAIAPPA MARY HOLA, BEGUR, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 068. …RESPONDENTS (BY SRI. RAJADITHYA SADASIVAN, ADVOCATE FOR R1) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 22. 02. 2025 PASSED ON IA NO.VI IN RA.NO.131/2022 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE IA.NO.5 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 8 - NC: 2025:KHC:16673 MFA No. 2459 of 2025 C/W MFA No. 2465 of 2025 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a Memo seeking permission to withdraw the appeals with liberty to file the appeal afresh. Said memo is placed on record. In view of the same, appeals are dismissed as withdrawn with liberty to the appellants to file the appeal afresh. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 0