- 1 - NC: 2025:KHC:1172 RFA No. 2567 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2567 OF 2023 (PAR) BETWEEN: 1. SMT. M.S.CHANDRA THARA AGED ABOUT 79 YEARS, D/O D.V.PARASHURAMASA, W/O M.G.SRTINIVASA, D NO 13, 1ST CROSS, MANAVARTHPET, K.V.TEMPLE STREET CROSS, BENGALURU - 560 053. 2. G. PANDURANGA AGED ABOUT 64 YEARS, S/O J M GANGADHARASA, NO. 24/1 VIDYARANYANAGAR, MAGADI RIAD II CROSS, BENGALURU - 560 023. 3. M.C.ARUN KUMAR AGED ABOUT 53 YEARS, S/O CHINNUSA, NO. 100, MARGOSA ROAD, 15TH CROSS, MALLESHWARAM, BENGALURU - 560 003. …APPELLANTS (BY SRI. B.RAMESH., ADVOCATE ) AND: 1. SMT. D.G.SHOBHAVATHI AGED ABOUT 75 YEARS, W/O LATE D.P.GOVINDARAJ RESIDING AT NO 22. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1172 RFA No. 2567 of 2023 RUKMAJI LANE, BALEPET CROSS, BANGALORE - 560 053. 2. SRI. SAPTHAGIRI D.G. AGED ABOUT 43 YEARS, S/O LATE D.P.GOVINDARAJ, RESIDING AT NO 22. RUKMAJI LANE, BALEPET CROSS, BANGALORE - 560 053. 3. SRI D.G.YADAVAGIRI AGED ABOUT 40 YEARS, S/O LATE D.P.GOVINDARAJ, RESIDING AT NO 22. RUKMAJI LANE, BALEPET CROSS, BANGALORE - 560 053. 4. K.P.PADMANABHA AGED ABOUT 62 YEARS, HUSBAND OF LATE D.G.ANITHA, RESIDING AT NO 105, 2ND FLOOR, S.S.ROYAL MANSION, EAST PARK ROAD, MALLESHWARAM, BENGALURU - 560 003. 5. NAMRATHA.K.P. AGED ABOUT 23 YEARS, DAUGHTER OF LATE D.G.ANITHA, RESIDING AT NO 105, 2ND FLOOR, S.S.ROYAL MANSION, EAST PARK ROAD, MALLESHWARAM, BENGALURU - 560 003. 6. RAVI KUMAR K P SON OF LATE D G ANITHA, RESIDING AT NO 105, 2ND FLOOR, S.S.ROYAL MANSION, - 3 - NC: 2025:KHC:1172 RFA No. 2567 of 2023 EAST PARK ROAD, MALLESHWARAM, BENGALURU - 560 003. 7. SMT D G SUVARNA AGED ABOUT 39 YEARS, D/O LATE D P GOVINDARAJ, RESIDING AT NO 22. RUKMAJI LANE, BALEPET CROSS, BANGALORE - 560 053. 8. SMT D S ANASUYA BAI W/O LATE D P SRINIVASA, AGED 89 YEARS, RESIDING AT NO 24, 12TH CROSS, CHOLURAPALYA, MAGADI ROAD, BANGALORE - 560 023. 9. SRI D S KANAKAGIRI S/O LATE D P SRINIVASA, AGED 74 YEARS, RESIDING AT 'UTTAM APARTMENT', 3RD FLOOR, 2ND MAIN ROAD, SHESHADRIPURAM, BANGALORE - 560 020. 10. SRI D.S.SURESH S/O LATE D P SRINIVASA, AGED 69 YEARS, R/AT NO. 24, 12TH CROSS, CHOLURAPALYA, MAGADI ROAD, BANGALORE - 560 023. 11. SMT R.PREMALATHA W/O SRI B K RANGANATH, AGED 71 YEARS, RESIDING AT NO 234, 1ST FLOOR, 14TH CROSS, M.C.LAYOUT, VIJAYANAGAR, BANGALORE - 560 023. - 4 - NC: 2025:KHC:1172 RFA No. 2567 of 2023 12. SMT D S VYJAYANTHIMALA, W/O SRI H.S.GNANESHWAR, AGED ABOUT 67 YEARS, R/AT NO 46, 'SUSHIL NILAYA' 3RD FLOOR, N.S.IYENGAR STREET, SESHADRIPURAM, BANGALORE - 560 020. 13. SRI D.P.KRISHNAMURTHY S/O LATE D.V.PARUSHURAMSA, AGED ABOUT 79 YEARS, R/AT NO 22, RUKMAJI LANE, BALEPET CROSS, BANGALORE - 560 053. 14. SRI D P VASANTH KUMAR S/O LATE D V PARUSHURAMSA, AGED ABOUT 72 YEARS, R/AT NO 22, RUKMAJI LANE, BALEPETE CROSS, BANGALORE - 560 053. …RESPONDENTS 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.B.Ramesh., counsel for the appellants has appeared in person. Counsel submits that a memo has been filed stating that the parties to the lis have settled the dispute out of the Court. Hence, the appellants do not wish to prosecute the appeal. - 5 - NC: 2025:KHC:1172 RFA No. 2567 of 2023 Counsel therefore, submits that the memo may be placed on record and the Regular First Appeal may be dismissed as not pressed. When queried, counsel Sri.B.Ramesh., submits that a conscious decision is taken by him and the appellants 2 and 3 about non-pressing of the appeal and if an order is passed, they shall not seek for recalling the same or file a review petition. The oral submission made by counsel Sri.B.Ramesh., and the memo is placed on record. The Regular First Appeal is dismissed as not pressed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 40