- 1 - NC: 2025:KHC:4065 MFA No. 11084 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 11084 OF 2012 (CPC-) BETWEEN: 1. SRI. M. SUNDER RAJ AGED ABOUT 64 YEARS S/O LATE MUNISWAMY MUDALIAR, SHOP NO.34, VELU MURUGAN, METAL MART, BAZAAR STREET, HALASUR, BANGALORE - 560 008. 2. SRI. P. S. SATHYA MOORTHY AGED ABOUT 52 YEARS, S/O LATE M. SUNDER RAJ, SHOP NO.27, BAZAAR STREET, HALASUR, BANGALORE - 560 008. 3. SRI. K. N. NARASIMHALU AGED ABOUT 59 YEARS, S/O LATE M. KUMBAIAH SETTY, SHOP NO.33, BAZAAR STREET, HALASUR, BANGALORE - 560 008. 4. SMT. K. PUSHPA AGED ABOUT 42 YEARS, W/O LATE MOHAN KEMLANI, SHOP NO.32, BAZAAR STREET, HALASUR, BANGALORE - 560 008. 5. SRI. M. NATARAJAN AGED ABOUT 68 YEARS, S/O A. MANGE PILLAI, NO.211/2, SRISHAKATHI NILAYAM, 10TH 'D' CROSS, NAGAWARAPALYA, Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:4065 MFA No. 11084 of 2012 C. V. RAMAN NAGAR, BANGALORE - 560 093. 6. SRI. JAGADISH AGED ABOUT 29 YEARS, S/O SRI SHANKAR, NO.21, 2ND FLOOR, K. K. STREET, HALASUR BANGALORE - 560 008. 7. SRI. N. SRINIVAS AGED ABOUT 38 YEARS, S/O LATE NAGARAJ, NO.7/1, NANDARAM SINGH LANE, COMMERCIAL STREET, 2ND CROSS, SHIVAJINAGAR, BANGALORE - 560 001. 8. SRI. PENCHALAIAH AGED ABOUT 59 YEARS, S/O LATE ROSAIAH, NO.44, 20TH CROSS, LAKSHMIPURAM, HALASUR, BANGALORE - 560 008. 9. SRI. K. PURUSHOTHAMAN AGED ABOUT 53 YEARS, S/O LATE KUPPUSWAMY, NO.26, BEHIND R. K. MUTT ROAD, HALASURU, BANGALORE - 560 008. …APPELLANTS (BY SRI. K. K. VASANTH, ADVOCATE) AND: 1. SRI. T. NAGALINGAM PILLAI CHAIRTABLE TRUST REPRESENTED BY SRI. SHIVAPRAKASH KUMAR P N., S/O LATE T. N. RAJARATHNAM PILLAI, NO.68/33, DODDAIAH LAYOUT, HALASURU, BANGALORE - 560 008. 2. SRI. SHIVAPRAKASH KUMAR R N - 3 - NC: 2025:KHC:4065 MFA No. 11084 of 2012 AGED ABOUT 70 YEARS, S/O LATE T. N. RAJARATHNAM PILLAI, NO.68/33, DODDAIAH LAYOUT, HALASURU, BANGALORE - 560 008. 3. SRI. C. D. MOORTHY (SINCE DECEASED BY HIS LRS.) 3(a) SMT. KANTHAMMA (SINCE DECEASED, THE RESPONDENTS 3(b) & 3(c) ARE TREATED AS HER LRS (AS PER ORDER DATED 17.10.2019) 3(b) SRI. M. SARAVANA AGED ABOUT 72 YEARS, S/O LATE C. D. MOORTHY, 3(c) SMT. ANASUYA AGED ABOUT 45 YEARS, D/O LATE C. D. MOORTHY , AND W/O MOHAN, 3(a) TO 3(c) ARE R/AT NO.19, 'D' 1ST STREET, HALASURU, BANGALORE - 560 008. 4. SRI. VIJAYANAND AGED ABOUT 46 YEARS, S/O LATE T. C. ANANDA KUMAR, NO.33, AGA ABBAS ALI ROAD, HALASURU, BANGALORE - 560 042. …RESPONDENTS ( VIDE ORDER DATED: 03/06/16 NOTICE TO R1, 2 & 4 IS HELD SUFFICIENT R3(A)-(C) ARE TREATED AS LR'S OF DECEASED R3(A) ) THIS MFA IS FILED U/S 104(1)(ffa) OF THE CPC, AGAINST THE ORDER DATED:31.10.2012 PASSED IN MISC.NO.190/2011 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE PETITION FILED U/S 92 OF CPC. - 4 - NC: 2025:KHC:4065 MFA No. 11084 of 2012 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking dismissal of the appeal as not pressed. 2. The memo is placed on record. 3. Accordingly, the appeal is dismissed as not pressed. 4. Pending I.As., if any, stand disposed of. Sd/- (K.NATARAJAN) JUDGE CS List No.: 1 Sl No.: 31 CT:SK