- 1 - NC: 2025:KHC:4415-DB RFA No. 1675 of 2020 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. 1675 OF 2020 (PAR) BETWEEN: 1. SMT. PURANDARI MOHAN KOTIAN WIFE OF SRI MOHAN GOPAL KOTIAN AGED ABOUT 61 YEARS R/AT C-17, ANJANA BUILDING MAHALAXMI SOCIETY VEERA DESAI ROAD NEAR MVM SCHOOL, ANDHERI WEST MUMBAI. REP. BY HER GPA HOLDER SMT PADMAVATHI SALIAN WIFE OF SRI UMESH SALIAN AGED ABOUT 58 YEARS R/AT SHREE SANIDHYA DODDAKOPLA NEAR SADASHIVA TEMPLE SURATHKAL, MANGALURU. 2. SRI GAURAV MOHAN KOTIAN S/O SRI MOHAN GOPAL KOTIAN AGED ABOUT 35 YEARS R/AT C-17, ANJANA BUILDING MAHALAXMI SOCIETY VEERA DESAI ROAD NEAR MVM SCHOOL, ANDHERI WEST MUMBAI. REP. BY HER GPA HOLDER SMT PADMAVATHI SALIAN WIFE OF SRI UMESH SALIAN AGED ABOUT 58 YEARS R/AT SHREE SANIDHYA DODDAKOPLA NEAR SADASHIVA TEMPLE SURATHKAL, MANGALURU. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4415-DB RFA No. 1675 of 2020 3. SRI VAIBHAV MOHAN KOTIAN S/O SRI MOHAN GOPAL KOTIAN AGED ABOUT 30 YEARS, R/AT C-17, ANJANA BUILDING MAHALAXMI SOCIETY VEERA DESAI ROAD NEAR MVM SCHOOL, ANDHERI WEST MUMBAI. REP. BY HER GPA HOLDER SMT PADMAVATHI SALIAN WIFE OF SRI UMESH SALIAN AGED ABOUT 58 YEARS R/AT SHREE SANIDHYA DODDAKOPLA NEAR SADASHIVA TEMPLE SURATHKAL, MANGALURU. …APPELLANTS (BY SRI. RAKESH KINI – ADVOCATE FOR SRI. PRATEEK RATH - ADVOCATE) AND: 1. SMT. AMITHA W/O SRI ANIL KUMAR AGED ABOUT 44 YEARS C/O SMT. BHAVANI HENGSU RESIDING AT NEAR URWA MARIGUDI TEMPLE ASHOKNAGAR POST BOLUR, MANGALURU-575006. 2. SRI BALAKRISHNA S/O LATE SRI SHIVA SALIAN AGED ABOUT 69 YEARS RESIDING AT “ANNU MOOLYA” KARIBETTU VILLAGE SURATHKAL MANGALURU-574158. 3. SMT BABY WIFE OF SRI ANAND AGED ABOUT 73 YEARS RESIDING AT “ANNU MOOLYA” - 3 - NC: 2025:KHC:4415-DB RFA No. 1675 of 2020 KARIBETTU VILLAGE SURATHKAL MANGALURU-574158. 4. SRI SHEKHAR BHAMJAN S/O SRI BABU BANGERE AGED MAJOR RESIDING AT “ANNU MOOLYA” KARIBETTU VILLAGE SURATHKAL MANGALURU-574158. 5. SRI SADANANDA T K S/O SRI KANTHAPPA KOTTARI AGED MAJOR RESIDING AT “ANNU MOOLYA” KARIBETTU VILLAGE SURATHKAL MANGALURU-574158. 6. SMT GIRIJA S SHETTY W/O SRI S SRINIVASA SHETTY AGED MAJOR RESIDING AT “ANNU MOOLYA” KARIBETTU VILLAGE SURATHKAL MANGALURU-574158. 7. SRI CHANDRASHEKAR SHETTY S/O SRI RAJU SHETTY AGED MAJOR RESIDING AT “ANNU MOOLYA” KARIBETTU VILLAGE SURATHKAL MANGALURU-574158. 8. SMT URMILA RAMESH W/O SRI RAMESH KUMAR RESIDING AT “ANNU MOOLYA” KARIBETTU VILLAGE SURATHKAL MANGALURU-574158. - 4 - NC: 2025:KHC:4415-DB RFA No. 1675 of 2020 9. SRI J MOHANA S/O SRI U K THIMMAPPA AGED MAJOR RESIDING AT “ANNU MOOLYA” KARIBETTU VILLAGE SURATHKAL MANGALURU-574158. 10. SMT JAYASREE YA SALYAN W/O SRI YESHAVANTHA SALYAN AGED MAJOR RESIDING AT “ANNU MOOLYA” KARIBETTU VILLAGE SURATHKAL MANGALURU-574158. 11. SRI NARAYAHA SALIAN S/O LATE SRI MANJAPPA MOOLYA AGED ABOUT 66 YEARS RESIDING AT FIRST FLOOR ROOM NO.8, RAJ MANDI BUILDING PARSIK ROAD KALWA, KAREEMGAV-400605. 12. SMT BABY W/O LATE SRI PADMANABHA AGED ABOUT 57 YEARS RESIDING AT FIRST FLOOR ROOM NO.8, RAJ MANDI BUILDING, PARSIK ROAD, KALWA, KAREEMGAV-400605. 13. SRI PRASHANTH S/O LATE SRI PADMANABHA AGED ABOUT 31 YEARS RESIDING AT FIRST FLOOR ROOM NO.8, RAJ MANDI BUILDING PARSIK ROAD KALWA KAREEMGAV-400605. - 5 - NC: 2025:KHC:4415-DB RFA No. 1675 of 2020 14. SRI PRAVEEN S/O LATE SRI PADMANABHA AGED ABOUT 29 YEARS RESIDING AT FIRST FLOOR ROOM NO.8, RAJ MANDI BUILDING PARSIK ROAD KALWA KAREEMGAV-400605. 15. SMT LEELA W/O LATE SRI KARIYA AGED ABOUT 53 YEARS R/A DINDA THOTTA HOUSE MANJOORU SRINIVASA NAGAR POST MANGALURU TALUK-574157. 16. SMT THULASI D/O LATE SRI KARIYA AGED ABOUT 35 YEARS R/A DINDA THOTTA HOUSE MANJOORU SRINIVASA NAGAR POST MANGALURU TALUK-574157. 17. SMT GULABI PUTTAPPA D/O LT SRI MANJAPPA MOOLYA AGED ABOUT 51 YEARS RESIDING AT DOOR NO.12 SAINATH NILAYA DISPENSARY ROAD BENGALURU-560002. …RESPONDENTS THIS RFA FILED UNDER SECTION 96 OF CPC., PRAYING THE SET ASIDE THE JUDGMENT AND DECREE DATED 03.11.2012 PASSED IN OS No.109/2008 ON THE FILE OF THE II-ADDL.SENIOR CIVIL JUDGE, MANGALORE D.K., AND DISMISS THE SUIT. - 6 - NC: 2025:KHC:4415-DB RFA No. 1675 of 2020 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 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is preferred by appellants challenging the judgment and decree rendered by the II Additional Senior Civil Judge, Mangalore D.K in O.S.No.109/2008 dated 03.11.2012. 2. Learned counsel Sri Rakesh Kini appears on behalf of learned counsel Sri Prateek Rath who is on record for appellants and submits that the aforesaid judgment and decree dated 03.11.2012 passed in O.S.No.109/2008 was challenged in RFA.No.337/2013 by defendant No.1-Mr.Balakrishna who is respondent No.2 herein and the same was dismissed for non- prosecution on 27.09.2022. Further, counsel for the appellant has made an application for recalling the said order. This submission is placed on record. 3. In this matter I.A.No.1/2020 is filed under Section 151 of CPC seeking leave to file accompanying appeal to challenge - 7 - NC: 2025:KHC:4415-DB RFA No. 1675 of 2020 the impugned judgment and decree dated 03.11.2012 in O.S.No.109/2008. I.A.No.1/2023 is filed under Section 5 of the Limitation Act, seeking condonation of delay of 2608 days in filing the appeal. 4. In the meanwhile, learned counsel for appellants has filed a memo seeking withdrawal of the appeal. Therefore, the memo is taken on record. In terms of the said memo, the appeal is dismissed as withdrawn. In view of disposal of the appeal, I.A.Nos.1/2020 and 1/2023 also stands disposed of. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE RJ