- 1 - NC: 2025:KHC:13773 M.F.A. No.7109/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.7109/2019 (CPC) BETWEEN: 1. SRI. KRISHNAPPA S/O LATE VENKATASWAMAPPA AGED ABOUT 63 YEARS. 2. SMT. SAROJAMMA W/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 AGED ABOUT 36 YEARS S/O KRISHNAPPA. NOS. 1 TO 7 ARE R/AT NO.241 ANJANAPURA, NEAR ANJANEYA TEMPLE BENGALURU-560108. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13773 M.F.A. No.7109/2019 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 34 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. 18. SMT. JAYALAKSHMI - 3 - NC: 2025:KHC:13773 M.F.A. No.7109/2019 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 GOTTIGERE POST, BANNERGHATTA ROAD BENGALURU-83. …APPELLANTS (BY SRI. LOKESH R, ADV.,) - 4 - NC: 2025:KHC:13773 M.F.A. No.7109/2019 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, BENGALURU-560062. …RESPONDENT (BY SRI. SIDDARAJU N, ADV.,) THIS MFA IS FILED U/O. XLIII RULE 1(r) OF CPC, PRAYING TO CALL FOR RECORDS FROM THE XIV ADDITIONAL CITY CIVIL JUDGE (CCH-28) AT BENGALURU IN O.S.NO.579/2019. ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 08.08.2019 PASSED ON I.A. NO.IV 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:13773 M.F.A. No.7109/2019 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo dated 02.04.2025 seeking withdrawal of the appeal. 2. 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 in O.S.No.579/2019 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. Said 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.: 30