- 1 - NC: 2025:KHC:14278 MFA No. 9397 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9397 OF 2018 (CPC) BETWEEN: 1. SRI. C.D. RAGHAVENDRA AGED ABOUT 81 YEARS, SON OF LATE C.R. DORARAJULU NAIDU ALIAS C.R. DORARAJULU, R/AT NO.756, 9TH "C" MAIN ROAD, 5TH CROSS, RPC LAYOUT, BENGALURU - 560 040. 2. SMT. VARALAKSHMI.P.V., AGED ABOUT 62 YEARS DAUGHTER OF LATE C.D SUSHEELA, WIFE OF SRI. DENA DAYALAN, RESIDING AT NO.3, "MEGA SANDESH", 6TH CROSS, 6TH MAIN, GNANAJYOTHI NAGAR, GNANABHARATHI, BENGALURU - 560 056, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI P.V. RAJKUMAR THE THIRD APPELLANT. 3. SRI. P.V. RAJKUMAR AGED ABOUT 58 YEARS, SON OF LATE P.S. VENKATESHALU AND LATE C.D. SUSHEELA, R/AT NO.24, 4TH CROSS, POULTRY FARM COMPOUND, DEVASANDRA, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14278 MFA No. 9397 of 2018 K.R. PURAM, BENGALURU - 560 036 …APPELLANTS (BY SRI. S. CHENNARAYA REDDY, ADVOCATE) AND: 1. SMT. UMA SRINIVASAN R AGED ABOUT 66 YEARS, DAUGHTER OF LATE C.R. DORARAJULU NAIDU AND WIFE OF H. SRINIVASAN, RESIDING AT "UMA ASHRAYA", DHARMARAYANAGAR, KOLAR TOWN - 563 101, 2. SRI C.D. VENKATESH AGED ABOUT 63 YEARS SON OF LATE C.R. DORARAJULU NAIDU, 3. SMT. CHANDRAKALA SRINIVAS AGED ABOUT 61 YEARS WIFE OF LATE C.D. SRINIVAS 4. SMT. C.S. THEJESWINI AGED ABOUT 33 YEARS, D/O LATE C.D. SRINIVAS 5. SRI C.S. VARUN AGED ABOUT 25 YEARS, SON OF LATE C.D. SRINIVAS 6. SRI. C.D. BABU AGED ABOUT 61 YEARS, SON OF LATE C.R. DORARAJULU NAIDU, 7. SMT. M. MANJULA AGED ABOUT 58 YEARS, - 3 - NC: 2025:KHC:14278 MFA No. 9397 of 2018 DAUGHTER OF LATE C.R. DORARAJULU NAIDU THE RESPONDENTS NO.1 TO 7 ARE ALL CARE OF SMT. UMA SRINIVASAN. R. "UMA ASHRAYA", DHARMARAYANAGAR, KOLAR TOWN - 563 101. 8. SRI. K.V. SATHYANARAYANA RAJU, AGED ABOUT 53 YEARS, SON OF LATE K. VENKATASWAMI RAJU, 9. SMT. K.S. MAHALAKSHMI AGED ABOUT 49 YEARS WIFE OF SRI. K.V. SATHYANARAYANARAJU, THE DEFENDANTS NO.8 AND 9 ARE RESIDING AT NO.B-4-1, "OAKYARD" APARTMENTS, 38TH CROSS, EAST END "C" MAIN ROAD, 9TH BLOCK, JAYANAGAR, BENGALURU - 560 069. 10. SRI. S.R. SATHYANARAYANA, AGED ABOUT 81 YEARS, SON OF LATE S. NARAYANA MURTHY, 11. SMT. S.R. GAYATHRI, AGED ABOUT 44 YEARS, DAUGHTER OF SRI. S.R. SATHYANARAYANA, THE DEFENDANTS NO.10 AND 11 ARE RESIDING AT NO. 4103, 5TH "C" MAIN ROAD, TATA SILK FARM, "OBALAPPA GARDENS", BENGALURU - 560 070. - 4 - NC: 2025:KHC:14278 MFA No. 9397 of 2018 12. SRI. P.V. SHIVAKUMAR, AGED BOUT 60 YEARS SON OF LATE P.S. VENKATESHALU AND LATE C.D. SUSHEELA, ARE OF SRI. P.V. RAJKUMAR NO.24, 4TH CROSS, POULTRY FARM COMPOUND, DEVASANDRA, K.R. PURAM, BENGALURU - 560 036. …RESPONDENTS (BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR C/R10 AND R11; R1 IS SERVED) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 18.08.2018 PASSED ON IA NO.1 IN O.S.NO.1802/2015, ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-30), DISMISSING THE APPLICATION FILED U/O.39 RULE 1&2 OF 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 for withdrawing the appeal with liberty to urge the grounds raised in the appeal to be considered in the suit. - 5 - NC: 2025:KHC:14278 MFA No. 9397 of 2018 2. Liberty is reserved to raise the grounds urged in the appeal in the suit. Further, the trial Court is directed to dispose of the suit within a period of nine months from the date of receipt of copy of the order considering that the suit is of the year 2015. 3. Both the parties in the suit shall co-operate with the trial Court for early disposal of the suit, without seeking any unnecessary adjournments. If any of the parties do not co-operate for the expeditious trial, then liberty is reserved to the trial Court to impose costs on the parties, who seeks unnecessary adjournments. Accordingly, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PSJ List No.: 1 Sl No.: 2 CT: BHK