- 1 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2310 OF 2023 (PAR) BETWEEN: SRI. N.NAGARAJ S/O LATE SRI. B.NARASIMHA REDDY, AGED ABOUT 72 YEARS, R/A NO.55, 13TH CROSS, 4TH MAIN, MALLESWARAM, BENGALURU-560 003. …APPELLANT (BY SRI. V.C.RAJU., ADVOCATE) AND: 1. SMT. JAYALAKSHMI W/O LATE SRI N.RADHAKRISHNAREDDY, AGED ABOUT 80 YEARS, R/A NO.55/1, 13TH CROSS, 4TH MAIN, MALLESWARAM, BENGALURU-560 003. 2. (a) SMT. V.SHAKUNTALA SINCE DEAD BY LR.S, SMT. SARALA W/O N.NAGARAJ, AGED ABOUT 69 YEARS, R/A FLAT NO.302, NO.55, 13TH CROSS, 14TH MAIN, MALLESHWARAM, BENGALURU-560 003. (b) SMT. PREMA, AGED ABOUT 68 YEARS, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 W/O LATE SUBRAMANI REDDY, (c) SRI. NAVEEN S/O LATE SUBRAMANI REDDY, AGED ABOUT 48 YEARS, (d) SMT. SHILPA D/O LATE SUBRAMANI REDDY, AGED ABOUT 48 YEARS, ALL 2(b) TO 2(d) ARE R/A SATHYA CARNATION APARTMENTS, NO.8, 9 AND 10, SATHYA ENCLAVE, HENNUR MAIN ROAD, GEDDELHALLI, BENGALURU-560 043. 3. SMT. SUSHEELA W/O SHRI CHINNASWAMY REDDY, AGED ABOUT 76 YEARS, R/A OPP. TO BEHTHNEY SCHOOL, AUDOGODI POST, KORAMANGALA, BENGALURU. 4. SMT. RAJESHWARI W/O SHRI S.JAYARAMA REDDY, AGED ABOUT 69 YEARS, R/A 15/1, SUBBAIAH REDDY ROAD, ULSOOR, BENGALURU-560 008. 5. SMT. GEETHA W/O LATE SHRI C.M.MOHANRAM REDDY, AGED ABOUT 65 YEARS, R/A NO.55/1, 13TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560 003. 6. MADHUSUDHAN MALUR ANAND S/O MR. M.A.RAMAKRISHNA, AGED ABOUT 31 YEARS, R/A NO.673, 3RD CROSS, 4TH MAIN, BEML LAYOUT, - 3 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 3RD STAGE, RAJARAJESHWARI NAGAR, BENGALURU-98. 7. K.V.KRISHNAMURTHY S/O LATE K.VASUDEV SASTRI, AGED ABOUT 69 YEARS. 8. SMT. LALITHA KRISHNAMURHTY W/O K.V.KRISHNAMURTHY, AGED ABOUT 64 YEARS, RESPONDENTS 8 & 9 ARE R/A NO.30-B, SANCHAR LOK APARTMENT, 108, IP EXTENSION, NEW DELHI. 9. A.M.VARMAN S/O DR. A.N.RAGHUNATHAN, AGED ABOUT 42 YEARS, R/AT NO. 34, MALLIGE APARTMENTS, 11TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU - 03. 10. S.R.SREENATH S/O MR. S.R.RAGHUNATH IYENGAR, AGED ABOUT 43 YEARS, 11. SMT. SUDHA SREENATH W/O S.R.SREENATH, AGED ABOUT 39 YEARS, RESPONDENTS NO.11 & 12 IS R/AT A-4, NAVARATHNA APARTMENTS, 17TH CROSS, MALLESWARAM, BANGALORE - 55. 12. SMT. VINUTHA MUKUND ASURI W/O MUKUND RAMANUJAM ASURI, AGED ABOUT 33 YEARS, - 4 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 13. SRI MUKUND RAMANUJAM ASURI S/O RAMANUJAM ASURI, AGED ABOUT 35 YEARS, THE RESPONDENTS NO.12 & 13 ARE R/AT NO.112, FLAT NO.101, HARITHA APARTMENTS, 5TH MAIN, 11TH CROSS, MALLESWARAM, BANGALORE - 560 003. 14. M/S. RAJU DWELLINGS PVT. LTD., A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE NO.95, 3 MAIN, G.D.PARK EXTENSION, OPP. TO STEELA MARY'S CONVENT, VYALIKAVAL, BENGALURU - 03. REPRESENTED BY ITS MANAGING DIRECTOR MR. R.K.RAJU. 15. K.H.PRABHUDEV S/O SRI K.HANUMANTHAPPA, AGED ABOUT 62 YEARS, 16. SMT. SUNANDA.K W/O K.H.PRABHUDEV, AGED ABOUT 53 YEARS, RESPONDENTS NO.15 & 16 ARE R/AT NO.101, MUNICIPAL NO.55/4, 1ST FLOOR, GANESH RESIDENCY, 4TH MAIN, 13TH CROSS, MALLESWARAM, BANGALORE - 55. 17. MR. SABYASACHI CHATTERJEE S/O PARIMALKUMAR CHARERGEE, AGED ABOUT 53 YEARS, R/AT NO.23, AYODHYA APARTMENT-138, 8 MAIN ROAD, MALLESWARAM, BANGALORE - 03. - 5 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 18. MRS. N.SARALA W/O N.NAGARAJ, AGED ABOUT 42 YEARS, R/AT NO. 55/11, FLAT NO.302, 3RD FLOOR, 4 MAIN, 13 CROSS, GANESH RESIDENCY, MALLESWARAM, BANGALORE - 55. 19. MRS. N.JAYAVARDINI D/O NAGRAJ REDDY, W/O A.CHARAN, AGED ABOUT 22 YEARS, R/AT NO.1, SRINIVASAN PATAI TIRUPATHUR, VELLORE DISTRICT, TAMILNADU STATE. 20. (a) SRI. G.RAJA REDDY SINCE DECEASED BY HIS LRS, KUPPAMMA AGED ABOUT 70 YEARS, R/AT NO. 93, 5 CROSS, OKALIPURAM, BANGALORE-55. (b) SMT. VEENA AGED ABOUT 60 YEARS, W/O LATE R.SAMPATHKUMAR, S/O G.RAJA REDDY, (c) SMT. DHANALAKSHMI AGED ABOUT 39 YEARS, DO LATE R.SAMPATH KUMAR, S/O G.RAJA REDDY, RESPONDENTS 21 (b & c) ARE R/AT NO. 29/1, 'A' MAIN, SHIVANAHALLI, BANGALORE-10. 21. SRI. C.M.KRISHNAREDDY SINCE DEAD BY HIS LR'S, - 6 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 (a) VIJAYA RAGHAVA REDDY C K SO LATE KRISHNA REDDY C M, AGED ABOUT 60 YEARS, (b) SMT. KAVITHA S/O LATE KRISHNA REDDY C M, AGED ABOUT 58 YEARS, (c) SMT. KALPANA D/O LATE KRISHNA REDDY C M AGED ABOUT 56 YEARS, 21(a TO c) RESIDING AT NO. 246, 2 CROSS, AECS LAYOUT, GEDDALAHALLI RMV EXTENSION, 2nd STAGE, BENGALURU-560 094. 22. SRI. C.M.VARADA RAJ REDDY S/O C.LATE MUNISWAMY REDDY, AGED ABOUT 63 YEARS, RESPONDENTS NO.21 & 22 ARE RESIDING AT CHINNA MOTUR, THIRUPATHUR TALUK, NORTH ARCOT DISTRICT, TAMIL NADU STATE. 23. (a) SRI. PADMANABHA GUPTA SINCE DEAD BY HIS LRS, ESHWAR PRASAD AGED ABOUT 50 YEARS, (b) BADRINATHA AGED ABOUT 45 YEARS, BOTH ARE SON OF S/O LATE PADMANABHA GUPTA AND R/AT HINDUPURA TOWN, ANANTHAPURA DISTRICT (A.P.). - 7 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 24. M/S. GOVERDHAN THEATER A REGISTERED PARTNERSHIP FIRM AT NO. 47/2, INDUSTRIAL SUBURB, YESHWANTHAPURA, TUMKUR MAIN ROAD, BENGALURU. REPRESENTED BY ITS MANAGING PARTNER N.NAGARAJ. 25. (a) L.SADASHIVA REDDY SINCE DEAD BY HIS LRS. N.SAROJAMMA AGED ABOUT 78 YEARS, S/O LATE IYAPPA REDDY, (b) PREMA AGED ABOUT 70 YEARS, W/O LATE SADASHIVA REDDY, (c) P.ANUPAMA REDDY AGED ABOUT 52 YEARS, W/O PRABHAKAR REDDY, RESPONDENTS NO. 25(a) (b) & (c) ARE R/AT NO.23, "SOWMITHRI" 5TH CROSS, 2ND MAIN, L.N.COLONY, YESHWANTHPUR, BANGALORE-22. (d) GOVARDHAN.S AGED ABOUT 40 YEARS, S/O LATE I.SADASHIVA REDDY, RESIDING AT NO.895, 4TH CROSS, 16TH MAIN, MICO LAYOUT, BTM 2ND STAGE, BANGALORE-76. 26. I.NARAYANA REDDY S/O LATE IYYAPPA REDDY, AGED ABOUT 60 YEARS, R/AT 23/1, 5TH CROSS, 2 MAIN ROAD, L.N.COLONY, - 8 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 YESHWANTHAPURA, BANGALORE-22. 27. M.CHANDRASHEKAR S/O K.M.UNNI REDDY, AGED ABOUT 60 YEARS, R/AT NO 197/B, 3RD BLOCK, 8TH MAIN ROAD, JAYANAGAR, BANGALORE-11. 28. SRI A.RADHARKISHNA S/O K.V.ARJUNA REDDY, AGED ABOUT 44 YEARS, R/AT NO.34, 2ND CROSS, 7TH BLOCK, K.R.ROAD, YEDIYUR, BANGALORE-82. 29. (a) SRI C.M.MOHAN RAM REDDY SINCE DECEASED BY HIS LR'S. SMT. GEETHA.M AGED ABOUT 49 YEARS, D/O LATE C.M.MOHAN RAM REDDY, (b) C.M.SWAPNA D/O LATE C.M.MOHAN RAM REDDY, AGED ABOUT 30 YEARS. (c) C.M.POORNIMA AGED ABOUT 28 YEARS, D/O LATE C.M.MOHAN RAM REDDY, (d) C.M.ANURADHA AGED ABOUT 26 YEARS, D/O LATE C M MOHAN RAM REDDY, RESPONDENTS NO.30(a) TO (d) 55/2, 13TH CROSS, 4TH MAIN, MALLESWARAM, BENGALURU - 560 003. 30. K.SRINIVASA REDDY SINCE DEAD BY HIS LR'S, - 9 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 (a) SMT. SUSHEELA REDDY W/O K.SRINIVASA REDDY R/AT NO 543, 1 MAIN, 8TH BLOCK, KORAMANGALA, BENGALURU - 34. 31. V.HEMANTHAKUMAR S/O M.VENKATESH, AGED ABOUT 47 YEARS, R/AT NO 972/C, 4TH E BLOCK, RAJAJINAGAR, BENGALURU. 32. SRI. M.V.VENKATESH S/O MUNISWAMY REDDY, AGED ABOUT 67 YEARS, R/AT NO.972 C, 4TH E BLOCK, RAJAJINAGAR, BANGALORE. 33. SRI. P.K.SETHURAM S/O LATE SRI.KESHAVAMURTHY, AGED ABOUT 62 YEARS, R/AT NO.18/A, 8TH CROSS, DEEVANARAPALYA MATTIKERE MAIN ROAD, BENGALURU. 34. SRI P.K.SOMASUNDARA S/O LATE SRI. KESHVAMURTHY, AGED ABOUT 52 YEARS, R/AT NO 129, 2ND MAIN ROAD, M.T.LAYOUT, 13TH CROSS, MALLESWARAM, BANGALORE - 03. 35. MRS. SHYLASHREE KOWDLE SESHADRI, W/O SRIDHAR SUBRAMANIAN, AGED ABOUT 37 YEARS, R/AT G2, GROUND FLOOR, GANESH RESIDENCY, 13TH CROSS, 4TH MAIN, MALLESHWARAM, BANGALORE - 03. …RESPONDENTS (BY SRI. MITHUN GERAHALLI.H., ADVOCATE FOR C/R1) - 10 - NC: 2025:KHC:1012 RFA No. 2310 of 2023 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.V.C.Raju., counsel for the appellant has appeared in person. Counsel submits that a memo has been filed stating that the appeal may be dismissed as withdrawn. Counsel therefore, submits that the memo may be placed on record and the appeal may be dismissed as withdrawn. When queried, counsel submits that a conscious decision is taken by him and the appellant to withdraw the appeal and if an order is passed, they shall not seek for recalling the same or file review petition. The oral submission made by counsel for the appellant and the memo is placed on record. The Regular First Appeal is dismissed as withdrawn. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 15