- 1 - NC: 2025:KHC:14396 MFA No.7110/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.7110/2019 (CPC) BETWEEN: 1. SRI. KRISHNAPPA S/O LATE VENKATASWAMAPPA AGED ABOUT 63 YEARS. 2. SMT. SAROJAMMA S/O KRISHNAPPA AGED ABOUT 55 YEARS. 3. SMT. VENKATA LAKSHMAMMA D/O SRI. KRISHNAPPA AGED ABOUT 46 YEARS. 4. SMT. SUJATHA D/O SRI. KRISHNAPPA AGED ABOUT 44 YEARS. 5. SMT. NIRMALA D/O SRI. KRISHNAPPA AGED ABOUT 42 YEARS. 6. SRI. VENKATESH S/O SRI. KRISHNAPPA AGED ABOUT 38 YEARS. 7. SRI. HARISH KUMAR S/O KRISHNAPPA AGED ABOUT 36 YEARS. NOS.1 TO 7 ARE R/AT. 241 ANJANAPURA, NEAR ANJANEYA TEMPLE BENGALURU-560108 Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14396 MFA No.7110/2019 8. SMT. SUSHEELAMMA AGED ABOUT 53 YEARS W/O LATE RAJAPPA. 9. SRI. RAMESH S/O LATE RAJAPPA AGED ABOUT 38 YEARS. 10. SMT. MANJULA D/O LATE RAJAPPA AGED ABOUT 35 YEARS. 11. SRI. VENKATESH S/O LATE RAJAPPA AGED ABOUT 33 YEARS. 12. SRI. NARASIMHA @ NARASIMHAIAH S/O LATE VENKATASWAMAPPA AGED ABOUT 55 YEARS. 13. SMT. PRABHAVATHI W/O SRI. NARASIMHAIAH AGED ABOUT 45 YEARS. 14. SRI. MANJESH S/O SRI. NARASIMHAIAH AGED ABOUT 28 YEARS. 15. MS. SANDHYA D/O SRI. NARASIMHAIAH AGED ABOUT 23 YEARS. 16. SMT. RATHNAMMA D/O LATE VENKATASWAMAPPA AGED ABOUT 60 YEARS. 17. SMT. RATHNAMMA W/O LATE GOVINDARAJU AGED ABOUT 43 YEARS. - 3 - NC: 2025:KHC:14396 MFA No.7110/2019 18. SMT. JAYALAKSHMI D/O LATE GOVINDARAJU AGED ABOUT 28 YEARS. NOS.8 TO 18 ARE R/AT.NO.407, ANJANAPURA LAST BUS STOP NEAR DX MAX APARTMENT BENGALURU - 560108. 19. SRI. D.M. LAKSHMIPATHI S/O LATE MUNIVENKATASWAMY AGED ABOUT 38 YEARS R/AT. NO.15, S.N. BUILDING NEAR GANAPATHI TEMPLE CHIKKALASANDRA BENGALURU-560061. 20. SRI. SHIVASHANKAR S/O SRI. SUBBARAYAPPA AGED ABOUT 51 YEARS R/AT. NO.660, TULASIPURA MAIN ROAD, GOLLAHALLI BENGALURU-560062. 21. SRI. G.A. CHANDRAPPA S/O LATE ANNAYAPPA AGED ABOUT 51 YEARS R/AT. GOLLAHALLI VILLAGE ANAJANAPURA POST BENGALURU-560062. 22. SRI. KUMAR S/O LATE OBALAPPA AGED ABOUT 39 YEARS R/AT. KEMBATHAHALLI VILLAGE GOTTIGIERE POST, BANNERGHATTA ROAD, BENGALURU-83. …APPELLANTS (BY SRI. LOKESH R, ADV.,) - 4 - NC: 2025:KHC:14396 MFA No.7110/2019 AND: SMT. BHARATHI CHANDRASHEKAR AGED ABOUT 36 YEARS W/O SRI CHANDRASHEKAR R/AT NO.1/27, JAYARAMAPPA BUILDING, 3RD FLOOR, NEAR GANAPATHI TEMPLE KONANANKUNTE BENGLAURU-560 062. …RESPONDENT (BY SRI. SIDDARAJU N, ADV.,) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1 (r) OF CPC, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 08.08.2019 PASSED ON I.A.NO.I IN O.S.NO.579/2014 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL JUDGE (CCH-28) AT BENGALURU IN O.S.NO.579/2019 & ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - NC: 2025:KHC:14396 MFA No.7110/2019 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo dated 04.04.2025 seeking withdrawal of the appeal. 2. Said memo reads as under: "The Appellants above named most respectfully pray that this Hon'ble Court be pleased to dismiss the above Appeal as withdrawn, since the original suit pending on the file of the XIV Additional City Civil Judge (CCH 28) at Bengaluru has been decided on merits and the suit has been disposed off. Hence this Memo, to meet the ends of justice." 3. Memo is placed on record. 4. In view of the said memo, appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BSR List No.: 1 Sl No.: 33