- 1 - HC-KAR NC: 2025:KHC:25777 MFA No. 8321 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 8321 OF 2023 (CPC) BETWEEN: 1. SRI. DEVARAJU AGE 54 YEARS, S/O LATE CHAANNAPPA, R/AT PLEGAMMA TEMPLE ROAD, SRIKATAPURA (ANCHEPALYA) NAGASANDRA POST, BANGALORE-560 073. 2. SRI SIDDABAYARAPPA AGE 56 YEARS, S/O SRI ANDANAPPA, R/AT CHIKKABIBIDARAKALLU, NAGASANDRA POST, BANGALORE-560 073. …APPELLANTS (BY SRI. RAVINDRA PRASAD B., ADVOCATE) AND: 1. SMT. LALITHA AGE 62 YEARS, D/O LATE J. C THIMMARAYAPPA, W/O SRI. VISWANATH, R/AT NO. 568-MIG 707 SFS 4TH CROSS, 4TH PHASE, YELAHANKA NEW TOWN, BANGALORE-560 054. Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25777 MFA No. 8321 of 2023 2. SMT T NEERAJAKSHI AGE 66 YEARS, D/O LATE J. C THIMMARAYAPPA, R/A NO. 62, OLD MADRAS ROAD, BEHIND HOTEL SHREE UPHAAR, OPP CAUVERY COMPLEX, ULSOOR, BANGALORE-560 008. 3. SRI T SOMASHEKAR AGE 69 YEARS, S/O LATE J. C THIMMARAYAPPA, C/O KODANDARAMA REDDY, R/AT NO. 815, 10TH CROSS, INDIRANAGAR 2ND CROSS, BANGALORE-560 038. 4. SRI T GIRIRAJU AGE 64 YEARS, S/O LATE J.C THIMMARAYAPPA, R/AT NO.6, 3RD MAIN, NEXT TO MANRATH ENTERPRISES (HP GAS) DOMLUR 2ND STAGE, BANGALORE-560 071. 5. SRI T JAGADISH AGE 56 YEARS, S/O LATE J. C THIMMARAYAPPA, R/AT NO. 3415, 2ND CROSS, 10TH A MAIN, OPP INDIRANGARA WATER TANK, BANGALORE-560 038. 6. SRI T VENUGOPALA AGE 54 YEARS, D/O LATE J.C THIMMARAYAPPA, R/AT NO. 62, OLD MADRAS ROAD, BEHING HOTEL SHREE UPHAAR, OPP CAUVERY COMPLEX ULSOOR, BANGALORE-560 008. - 3 - HC-KAR NC: 2025:KHC:25777 MFA No. 8321 of 2023 7. SRI R NARAYANAPPA AGE MAJOR, S/O SRI T RANGAPPA, R/AT MAHIMA NILAYA, CHIKKABIDRAKALLU VILLAGE, NAGASANDRA POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 073. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1 (r) OF CPC, AGAINST THE ORDER DATED 30.10.2023 PASSED IN MISC.NO.28/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel, Sri.B.Ravindra Prasad for the appellants, who is on record files a memo to withdraw the appeal. 2. The memo reads as under: - 4 - HC-KAR NC: 2025:KHC:25777 MFA No. 8321 of 2023 "It is submitted that, the Appellants, are filed the Misc. No.28/2024 before the Hon'ble Addl. Senior Civil Judge and JMFC at nelamangala, for seeking restoration of suit in OS.No.423/2009. The said Misc.No.28/2024 is hereby dismissed by the Hon'ble Trial court on the ground of delay. Further the appellants are filed the instant Appeal before this Hon;ble court challenging the order passed by thte trial court in Misc. No.28/2024. And consequently the Respondnets are filed the FRA No.1825/2014, challenging the judgment and decree dated 28.11.2013 in OS.No.423/2009. The Division bench of this Hon'ble Court was pleased to allowed the RFA No.1825/2014, vide order dated 0309.2024 the same is remanded back to the trial Court and the said suit in OS No.423/2009 is restored. Hence the instant Appeal is does not survive for consideration. Hence that this Hon'ble Court may kindly be pleased to permit the Appellants to withdraw the instant Appeal. In the interest of justice and equity." 3. In view of the memo, appeal is dismissed as withdrawn. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE TIN List No.: 1 Sl No.: 9