- 1 - NC: 2025:KHC:14924 MFA No. 8707 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8707 OF 2024 (CPC) BETWEEN: PURVANKARA LTD., A COMPANY INCORPORATED UNDER PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 130/1, ULSOOR ROAD, BANGALORE - 560 043, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SHREYA V.K. JAIN. …APPELLANT (BY SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. VAJRAPPA (SINCE DECEASED) REPRESENTED BY HIS LRS., 1(A). HANUMAKKA W/O NINGAMUNIYAPPA, AGED ABOUT 48 YEARS, R/AT THALAGATTAPURA VILLAGE, BANGALORE SOUTH TALUK. 1(B).. MUNIGANGAMMA W/O ANJANAPPA, AGED ABOUT 54 YEARS, R/AT MYSORE ROAD, KENGERI HOBLI, JADENAHALLI, BANGALORE SOUTH TALUK. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14924 MFA No. 8707 of 2024 1(C). KOMALA W/O CHANDRAPPA, AGED ABOUT 33 YEARS, R/AT AGRA, THALAGATTAPURA POST, BANGALORE - 62. 1(D). KUMAR, S/O LATE VAJRAPPA, AGED ABOUT 34 YEARS, R/AT THALAGATTAPURA VILLAGE, BANGALORE SOUTH TALUK. 1(E). SRINIVASA S/O VAJRAPPA, AGED ABOUT 30 YEARS, R/AT THALAGATTAPURA VILLAGE, BANGALORE SOUTH TALUK. 1(F). PRAKASH S/O VAJRAPPA, AGED ABOUT 29 YEARS, R/AT THALAGATTAPURA VILLAGE, BANGALORE SOUTH TALUK. 2. MUNIYAMMA W/O KARIYAPPA, AGED ABOUT 55 YEARS, 3. RAMALINGA S/O KARIYAPPA, AGED ABOUT 34 YEARS, 4. LAKSHMANA S/O KARIYAPPA, AGED ABOUT 32 YEARS, - 3 - NC: 2025:KHC:14924 MFA No. 8707 of 2024 5. VAJRAPPA S/O KARIYAPPA, AGED ABOUT 25 YEARS, 6. HANUMANTHARAYA S/O KARIYAPPA, AGED ABOUT 18 YEARS, 7. SIDDAPPA S/O LINGAPPA, AGED ABOUT 57 YEARS, 8. CHIKKAVAJRAPPA S/O LINGAPPA, AGED ABOUT 50 YEARS, RESPONDENTS NO.2 TO 8 RESIDING AT THALAGATTAPURA VILLAGE, BANGALORE SOUTH TALUK. 9. LAKSHMAMMA W/O BYLAPPA, AGED ABOUT 40 YEARS, SINCE DECEASED BY HER LRS., 9(A). KEMPAMMA, D/O BYLAPPA, W/O NAGARAJ, THALAGHATTAPURA, KANAKAPURA MAIN ROAD, BANGALORE. 9(B). RENUKAMMA D/O BYLAPPA, W/O GOVINDAPPA, AGED MAJOR, - 4 - NC: 2025:KHC:14924 MFA No. 8707 of 2024 AGARA, THATAGUNI POST, KENGERI HOBLI, BANGALORE SOUTH TALUK. 9(C). GIRIJAMMA D/O BYLAPPA, W/O GOVINDAPPA, SOMANAHALLI POST, KANAKAPURA ROAD, BANGALORE-68. 9(D). SAVITHRAMMA D/O BYLAPPA, W/O CHANDRASHEKAR, THALAGHATTAPURA POST, KANAKAPURA MAIN ROAD, BANGALORE-62. 10. DEVARAJ S/O BYLAPPA, AGED ABOUT 35 YEARS, 11. SIDDAPPA S/O BYLAPPA, AGED ABOUT 18 YEARS, 12. HANUMANTHAPPA S/O MADAIAH, SINCE DECEASED BY HIS LRS., 12(A). KATHYANAMMA, W/O LATE HANUMANTHAPPA, AGED ABOUT 65 YEARS, - 5 - NC: 2025:KHC:14924 MFA No. 8707 of 2024 12(B). LATHA D/O HANUMANTHAPPA, AGED ABOUT 42 YEARS, 12(C). GIRISH S/O LATE HANUMANTHAPPA, AGED ABOUT 40 YEARS, 12(D). MAHESHA S/O LATE HANUMANTHAPPA, AGED ABOUT 38 YEARS, 12(E). SATHISHA S/O LATE HANUMANTHAPPA, AGED ABOUT 36 YEARS, 12(F). KALPANA D/O HANUMANTHAPPA, AGED ABOUT 34 YEARS, ALL ARE RESIDING AT "KUMAR BAR", HEMENS DABHA, JUDICIAL LAYOUT, KANAKAPURA ROAD, BANGALORE - 560 069. 13. SARASWATHAMMA W/O SIDDAPPA, AGED ABOUT 45 YEARS, RESPONDENTS NO.10 TO 13 R/AT THALAGHATTAPURA VILLAGE, BANGALORE SOUTH TALUK. 14. T. NIRAJAKSHALU S/O T. DORESWAMY NAIDU, AGED MAJOR, - 6 - NC: 2025:KHC:14924 MFA No. 8707 of 2024 R/AT NO.45, 2ND MAIN, 3RD CROSS, SRINIVASANAGAR, B S K IST STAGE, 2ND BLOCK, BANGALORE. 15. HARI KHODAY BREWERY LTD., KANAKAPURA MAIN ROAD, BANGALORE - 560 062. 16. SMT. ANITHA D/O LATE KARIYAPPA, W/O LOKANATH, AGED ABOUT 45 YEARS, R/AT NO.141, 2ND CROSS, T C NAGAR, BASAVESHWARANAGARA, BANGALORE. 17. M/S. BHAVANI ENTERPRISES A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.372, NILAY MAIN ROAD, R.T. NAGAR, BANGALORE - 560 032, BY ITS PARTNER, PRASHANT. …RESPONDENTS (BY SRI. M.N. MADHUSUDHAN, ADVOCATE FOR C/R1) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 19.12.2024 PASSED ON I.A.NO.69 IN OS.NO.192/1998 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE , BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE IA.NO.69 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. - 7 - NC: 2025:KHC:14924 MFA No. 8707 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed memo dated 01.04.2025 seeking leave of the Court to withdraw the appeal. 2. Memo is placed on record and the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE NG List No.: 2 Sl No.: 5 CT: BHK