- 1 - NC: 2025:KHC:11228 MFA No. 9735 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9735 OF 2017 (CPC) BETWEEN: 1. M/S. PUNARJANI PROJECTS PRIVATE LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, HAVING ITS OFFICE AT 14/2, CHICKANAYAKANAHALLI VILLAGE, CARMALRAM P.O, SARJAPUR MAIN ROAD, BANGALORE - 560 035, REPRESENTED BY ITS MANAGING DIRECTOR MR. BAIJU STEPHEN. 2. MR. ANTONY PAUL, AGED ABOUT 60 YEARS, SON OF LATE C.J. PAUL, R/AT FLAT NO.2, III FLOOR, AQUA FORTE APARTMENTS, KENSINGTON ROAD, BANGALORE - 35. …APPELLANTS (BY SRI. R.A. DEVANAND, ADVOCATE) AND: 1. SMT. THANGAMMA, W/O LATE K.C. DEVASYA, AGED ABOUT 74 YEARS, 2. SRI. JAMES SEBASTIN, S/O LATE K.C. DEVASYA, AGED ABOUT 52 YEARS, SRI. MATHEW SEBASTIN, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11228 MFA No. 9735 of 2017 3. S/O LATE K.C. DEVASYA, AGED ABOUT 49 YEARS, 4. SRI. JOSEPH SEBASTIN, W/O LATE K.C. DEVASYA, R/AT NO.7/2, BEHIND AYYAPPA TEMPLE, CHIKKABELLANDURU VILLAGE, CARMALARAM POST, VARTHUR HOBLI, BANGALORE EAST TALUK - 560 087. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED 26/10/2017, PASSED ON IA.2/17, IN O.S. NO.25249/2017, ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL JUDGE, MAYOHALL UNIT (CCH-29), BENGALURU, ALLOWING THE IA.2/17 FILED U/O.39 RULE 4 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking dismissal of the appeal as not pressed. The memo is taken on record. Accordingly, the appeal is dismissed as not pressed. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 19 CT: BHK