- 1 - HC-KAR NC: 2025:KHC:20757-DB RFA No. 1152 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 1152 OF 2023 (DEC) BETWEEN: 1. SMT. KASTURI W/O K.N.SHANKARA DIXIT, AGED ABOUT 70 YEARS, RESIDING AT SRI SHANTANANDA, VINAYAKA TEMPLE, BESIDE RMZ GALERIA, OPPOSITE YELAHANKA POLICE STATION, YELAHANKA, BENGALURU-560 064. 2. SMT.A.S.GAYATHRI DEVI D/O K.N.SHANKARA DIXIT, AGED ABOUT 36 YEARS, RESIDING AT SRI SHANTANANDA VINAYAKA TEMPLE, BESIDE RMZ GALERIA, OPPOSITE YELAHANKA POLICE STATION, YELAHANKA, BENGALURU-560 064. 3. SMT. BHAGYALAKSHMI RAVI KIRAN W/O SRI RAVI KIRAN, D/O K.N. SHANKARA DIXIT, AGED ABOUT 41 YEARS, RESIDING AT SRI SHANTANANDA Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20757-DB RFA No. 1152 of 2023 VINAYAKA TEMPLE, BESIDE RMZ GALERIA, OPPOSITE YELAHANKA POLICE STATION, YELAHANKA, BENGALURU-560 064. AND ALSO AT NO.1 FIRST FLOOR, 2ND CROSS NEAR PURPLE GARDEN APARTMENT, VENKATESHWAR NAGAR, JAKKUR, BENGALURU-560 064. 4. SMT. SARASWATHI KARTHIKEYAN, W/O SRI KARTHIKEYAN, D/O K.N.SHANKARA DIXIT, AGED ABOUT 36 YEARS, RESIDING AT SRI SHANTANANDA VINAYAKA TEMPLE, BESIDE RMZ GALERIA, OPPOSITE YELAHANKA POLICE STATION, YELAHANKA, BENGALURU-560064. AND ALSO AT FLAT NO.95, 3RD CROSS, BHUNESHWARI NAGAR, NEAR GODREJ APARTMENT, HEBBAL KEMPAPURA, BENGALURU-560 064. …APPELLANTS (BY SRI. UNNIKRISHNAN M., ADVOCATE) AND: SRI. SHANTANANDA VINAYAKA SWAMY DEVALAYA AND SRI DUTTAGURU SHANKARA VEDANTA NILAYA TRUST, ALLASANDRA, YELAHANKA HOBLI, BENGALURU NORTH TALUK, - 3 - HC-KAR NC: 2025:KHC:20757-DB RFA No. 1152 of 2023 BENGALURU-64, REPRESENTED BY ITS PRESIDENT/SECRETARY, SRI. ANAND KUMAR. …RESPONDENT (BY SMT. SUSHEELA S, SENIOR COUNSEL A/W SRI. NARAYANA SWAMY P M., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.11.2021 PASSED ON IA NO.IV IN OS.NO.4148/2020 ON THE FILE OF THE C/C. XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-38), ALLOWING THE IA NO.IV FILED UNDER ORDER VII RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. Learned counsel for the appellants has placed on record the memo for withdrawal of the appeal. - 4 - HC-KAR NC: 2025:KHC:20757-DB RFA No. 1152 of 2023 2. The memo is accepted on record and the regular first appeal is dismissed as withdrawn recording the memo filed by learned counsel for the appellants. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE GH List No.: 1 Sl No.: 48