- 1 - HC-KAR NC: 2025:KHC:20378 MFA No. 5573 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 5573 OF 2024 (CPC) BETWEEN: SRI. REZWAN RAZACK, M/S CESSNA GAREN DEVELOPERS PVT. LTD., OFFICE AT PRESTIGE FALCON TOWERS, NO.19, BRUNTON ROAD, BENGALURU - 560 025, REPRESENTED BY ITS NOW AUTHORIZED SIGNATORY MR. ARVIND PAI. …APPELLANT (BY SRI. LOMESH KIRAN N, ADVOCATE) AND: 1. SMT. GOWRAMMA, W/O LATE KRISHNAPPA, AGED ABOUT 43 YEARS SRI. RAMESH, S/O LATE KRISHNAPPA, SINCE DEAD BY HIS LRS. 2. MANJULA W/O LATE RAMESH AGED ABOUT 48 YEARS 3. PAWANA, S/O LATE RAMESH AGED ABOUT 30 YEARS 4. YESHWANTH S/O LATE RAMESH AGED ABOUT 29 YEARS 5. SRI. SRINIVASA Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20378 MFA No. 5573 of 2024 S/O LATE KRISHNAPPA AGED ABOUT 41 YEARS, 6. SMT. CHANDRAMMA S/O LATE KRISHNAPPA. AGED ABOUT 58 YEARS, 7. SMT. PAPAMMA, D/O LATE KRISHNAPPA, AGED ABOUT 63 YEARS, 7(A). SMT. MUNIYAMMA W/O LATE MUNIVENKATAPPA, AGED ABOUT 58 YEARS, 7(B). M. CHINNASWAMY D/O LATE MUNIVENKATAPPA, AGED ABOUT 54 YEARS, 7(C). M. MUNIRAJ D/O LATE KRISHNAPPA, AGED ABOUT 47 YEARS ALL ARE RESIDING AT KADABISANAHALLI, VARTHUR HOBLI, BANGALORE EAST TALUK - 560 087. 8. SRI. VENKATESH S/O LATE RAMAIAH AGED ABOUT 78 YEARS 9. SMT. KENCHAMMA S/O LATE PEDDANNA @ DODDANNA AGED ABOUT 73 YEARS 10. SRI NARAYANA S/O LATE PEDDANNA @ DODDANNA AGED ABOUT 58 YEARS 11. SRI. SHAMA, S/O LATE PEDDANNA @ DODDANNA, AGED ABOUT 51 YEARS 12. SRI. VENKATAPPA - 3 - HC-KAR NC: 2025:KHC:20378 MFA No. 5573 of 2024 S/O LATE PEDDANNA @ DODDANNA AGED ABOUT 51 YEARS 13. SRI. PEDDANNA S/O LATE PEDDANNA @ DODDANNA AGED ABOUT 31 YEARS RESPONDENTS 8 TO 13 ARE ALL RESIDENTS OF KADABISANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 087. 14. SRI. VENKATASWAMY S/O LATE RAMAIAH @ RAMABOVI AGED ABOUT 71 YEARS 15. SRI. NAGARAJU S/O LATE VENKATASWAMY AGED ABOUT 43 YEARS RESPONDENTS NO.14 AND 15 ARE RESIDENTS OF BHOVI PALYA NAVARATHNA AGRAHARA DHAKLE, JALA HOBLI, BANGALORE NORTH (ADDL.) TALUK, BANGALORE DISTRICT - 562 157. 16. SRI. N.M. RAJU, S/O LATE NANJUNDAPPA MAJOR, RESIDENT OF YEMLUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK - 560 087. 17. SRI. BHARATHI S. ALVA, W/O SRI. SATISH ALVA, AGED ABOUT 68 YEARS, RESIDENT OF NO.155 2ND STAGE, 2ND PHASE WEST OF CHORD ROAD, BANGALORE - 560 010. 18. MR. RENWICK ANGELO MASOARENHAS S/O MR. RUDOLPH MASOARENHAS AGED ABOUT 49 YEARS, - 4 - HC-KAR NC: 2025:KHC:20378 MFA No. 5573 of 2024 RESIDENT OF NO.D1-D2, ARPHI APARTMENTS, NO.2 LEONARD LANE, RICHMOND TOWN BANGALORE - 560 025. 19. SRI. SATISHKUMAR GARG, S/O MR. DEVADAS GARD, MAJOR, RESIDING AT NO.G-3/4, MODEL TOWN II, DELHI - 1100 09 AND C/O NO. D1-D2, LEONARD LANE, ARPHI APARTMENTS, RICHMOND TOWN, BANGALORE - 560 025. 20. SRI. T. NARAYANA, S/O THIMMAIAH AGED ABOUT 62 YEARS RESIDENT OF KARIYAMMANA AGRAHARA VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK - 560 087. 21. SRI. DOMEGUNTA VENKATASESHA REDDY, S/O SANKARA REDDY, AGED ABOUT 73 YEARS R/O MUDIVARTHI VILLAGE NELLORE DISTRICT, ANDHRA PRADESH - 524 001. 22. SMT. GANGAMMA, W/O LATE MUNISWAMY, AGED ABOUT 87 YEARS, NO. 371, BHAVANI NAGAR, BANAHSHANKARI III STAGE, 80 FEET ROAD, BANGALORE - 560 085. 23. SMT. CHINNAKKA, S/O LATE PEDDANNA, AGED ABOUT 85 YEARS NO. 42, SIDDAGUNTE PALYA, 2ND CROSS TAVAREKARE MAIN ROAD, MADIVALA, BANGALORE - 560 068. - 5 - HC-KAR NC: 2025:KHC:20378 MFA No. 5573 of 2024 SMT MUNIAMMA W/O LATE RAMAIAH SINCE DEAD BY LRS 24. SRI. NARAYANA S/O LATE RAMAIAH, AGED ABOUT 66 YEARS 25. SRI. VENAKATASWAMY S/O LATE RAMAIAH AGED ABOUT 59 YEARS 26. SRI. NAGARAJU S/O LATE RAMAIAH AGED ABOUT 46 YEARS 27. SMT. MUNIYAMMA, D/O CHANDRAPPA, AGED ABOUT 53 YEARS RESPONDENT NO.22 AND 22(D) ARE RESIDENTS NO. 776, JALAHALLI VILLAGE RAMA BHOVI COLONY, BANGALORE. 28. SMT. RAMAKKA, W/OF LATE ABBAIAH, AGED ABOUT 63 YEARS, RESIDING AT KUTKANAHALLI, NEAR BHOVI PALYA, ANEKAL TALUK, SARJAPURA HOBLI, BANGALORE - 562 125. 29. SMT. VENKATAMMA, D/O LATE PEDDAMMA, AGED ABOUT 70 YEARS 30. SMT. LAKSHMI D/O LATE PEDDANNA AGED ABOUT 61 YEARS 31. VENAKTESH S/O LATE PEDDANNA AGED ABOUT 59 YEARS - 6 - HC-KAR NC: 2025:KHC:20378 MFA No. 5573 of 2024 32. SRI. KRISHNA S/O LATE PEDDAMMA, AGED ABOUT 56 YEARS ALL ARE RESIDENTS OF NO. 42, 2ND CROSS, BHOVI COLONY, S.G. PALYA, DARMARAM POST, BANGALORE - 560 029. …RESPONDENTS (BY SRI. PARASHURAM R. HATTARAKIHAL, ADVOCATE FOR CAVEATOR ON IA.NO.5; SRI. MOHAN KUMAR N, ADVOCATE FOR R13; NOTICE TO R1 TO 12 AND R14 TO R32 IS DISPENSED WITH VIDE ORDER DATED 15.10.2024,) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 28.06.2024 PASSED ON IA NO.5/2024 IN O.S.NO.8334/2023 ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH NO.44), BENGALURU, PARTLY ALLOWING IA NO.5 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT It is submitted that OS.No.8334/2003, in which IA.No.5/2024 has been allowed in part vide Order dated 28.06.2024, which is impugned in the present appeal, has been dismissed. - 7 - HC-KAR NC: 2025:KHC:20378 MFA No. 5573 of 2024 In view of the same, the above appeal is dismissed as having been rendered infructuous. Sd/- (C.M. POONACHA) JUDGE SRK List No.: 2 Sl No.: 8