- 1 - HC-KAR NC: 2025:KHC:18423 MFA No. 3364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN MISCELLANEOUS FIRST APPEAL NO. 3364 OF 2025 (CPC) BETWEEN: 1. SRI. NANJAPPA D.E., S/O LATE ERANNA @ KANI ERANNAGOWDA, AGED ABOUT 80 YEARS, 2. SMT. JANAKAMMA, W/O NANJAPPA.D.E, AGED ABOUT 70 YEARS, BOTH ARE RESIDING AT NO.17, 1ST CROSS, EX-SERVICEMEN COLONY, JAYAMAHAL, BENGALURU – 560 032. …APPELLANTS (BY SRI. MUKUNDA P., ADVOCATE) AND: 1. SRI. LAKKANAGOWDA D.L., S/O LATE LAKKANNA @ KANI MOTAIAH, AGED ABOUT 58 YEARS, 2. SMT. RADHA, W/O LAKKANAGOWDA D.L., AGED ABOUT 51 YEARS, BOTH ARE RESIDING AT NO.93, 2ND CROSS, BHASHYA NAGAR, BENGALURU NORTH, SRIRAMPURA, BENGALURU – 560 021. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18423 MFA No. 3364 of 2025 3. SRI. SHIVA, S/O. LAKKANNA @ KANI MOTAIAH, AGED ABOUT 54 YEARS, 4. SMT. T.N.SHANTHA, W/O SHIVA, AGED ABOUT 50 YEARS, BOTH ARE RESIDING AT L.I.G. 9, 3RD STAGE, HUDCO, HANUMANTHA NAGAR, BANNIMANTAPA, MYSURU – 570 015. 5. SRI. RAMAKRISHNA, S/O. LAKKANNA @ KANI MOTAIAH, AGED ABOUT 51 YEARS, 6. SMT. LAKSHMAMMA, W/O RAMAKRISHNA, AGED ABOUT 55 YEARS, BOTH ARE RESIDING AT DODDHAMADHURE VILLAGE AND POST, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 142. 7. SRI.RAJU.M, S/O LAKKANNA @ KANI MOTAIAH, AGED ABOUT 49 YEARS, 8. SMT. PREMA H.P., W/O RAJU M, AGED ABOUT 42 YEARS, BOTH ARE RESIDING AT DODDHAMADHURE VILLAGE AND POST, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 142. - 3 - HC-KAR NC: 2025:KHC:18423 MFA No. 3364 of 2025 9. SMT. JAYANTHI, W/O LATE LAKKANNA, AGED ABOUT 40 YEARS, RESIDING AT KUPPE VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 111. 10. SMT. LAKAMMA, D/O LATE CHANNAVEERAIAH, W/O MANDIMANE GOWDA, AGED ABOUT 45 YEARS, RESIDING AT BEVOOR MANDYA VILLAGE, MALURU HOBLI, CHANNAPATANA TALUK, TUMKUR DISTRICT – 562 108. 11. SIR. CHANNAKESHAVA.C, S/O LATE CHANNAVEERAIAH KANI MOTAIAH, AGED ABOUT 42 YEARS, 12. SMT. C.R. BHAGYAMMA, W/O CHANNAKESHAVA C, AGED ABOUT 38 YEARS, BOTH ARE RESIDING AT NO.104/B, TUNGA NAGAR, HETIGE CONVENTIONAL HALL, VISHWANEEDAM POST, BENGALURU – 560 091. 13. SMT. MAYAMMA, W/O LATE CHANNAVEERAIAH, AGED ABOUT 75 YEARS, RESIDING AT DODDHAMADHURE VILLAGE AND POST, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 142. - 4 - HC-KAR NC: 2025:KHC:18423 MFA No. 3364 of 2025 14. SMT. D.C PREMA, D/O LATE CHANNAVEERAIAH, AGED ABOUT 30 YEARS, RESIDING AT KODAVATTHI VILLAGE, MARKONAHALLI POST, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 111. 15. SRI. PUNITHRAJU, S/O LATE CHANNAVEERAIAH, AGED ABOUT 25 YEARS, RESIDING AT DODDHAMADHURE VILLAGE AND POST, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 142. 16. SMT. LAKKAMMA, W/O LATE KANI ERANNA, AGED ABOUT 61 YEARS, RESIDING AT DODDHAMADHURE VILLAGE AND POST, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 142. 17. SMT. SHIVAMMA D.E, D/O LATE KANI EERANNA, AGED ABOUT 48 YEARS, RESIDING AT DODDHAMADHURE VILLAGE AND POST, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 142. 18. SRI. BASAVARAJU D.E, S/O LATE KANI ERANNA, AGED ABOUT 44 YEARS, RESIDING AT NO.166, AANDRAHALLI MAIN ROAD, 5TH CROSS, KALIKANAGAR, BENGALURU – 560 021. - 5 - HC-KAR NC: 2025:KHC:18423 MFA No. 3364 of 2025 19. SRI. PARAMESHA D.E, S/O LATE KANI EERANNA, AGED ABOUT 39 YEARS, RESIDING AT DODDHAMADHURE VILLAGE AND POST, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 142. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 17.03.2025 PASSED ON IA NO.VII IN O.S.NO.173/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE ADN JMFC, KUNIGAL, DISMISSING THE IA.NO.VII FILED U/O.39 RULE 1 AND 2 OF CPC, 1908. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT 1. Learned counsel for the *appellants has filed a memo dated 27.05.2025 with a prayer to withdraw the *appeal. 2. Memo is taken on record. 3. The *Appeal is hereby dismissed as withdrawn. Sd/- (M.I.ARUN) JUDGE PK List No.: 1 Sl No.: 56 *Corrected vide Chamber Order dated 04.09.2025.