- 1 - NC: 2025:KHC:17669-DB RFA No.2154/2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL No.2154/2010 (PAR) BETWEEN: 1. SRI HUCHAPPA S/O LATE KARIYAPPA AGED ABOUT 57 YEARS 2. SRI VAJRAPPA S/O LATE KARIYAPPA AGED ABOUT 53 YEARS 3. SRI NAGARAJU S/O LATE KARIYAPPA AGED ABOUT 50 YEARS 4. 4(a) 4(b) 4(c) SRI SUBBANNA S/O LATE KARIYAPPA SINCE DECEASED BY HIS LRS N CHAYALAKSHMI W/O LATE SUBBANNA AGED ABOUT 44 YEARS ABHILASHA S D/O LATE SUBBANNA AGED ABOUT 23 YEARS ANUSHA S D/O LATE SUBBANNA AGED ABOUT 20 YEARS ALL ARE R/AT THALAGHATTAPURA VILLAGE & POST KANAKAPURA MAIN ROAD BANGALORE - 560 002 …APPELLANTS (BY SRI PAWAN KUMAR M N, ADVOCATE FOR SRI SOURABH R K, ADVOCATE) Digitally signed by ROOPA R U Location: High Court of Karnataka - 2 - NC: 2025:KHC:17669-DB RFA No.2154/2010 AND: 1. SRI MUNIBYRAPPA S/O LATE CHENNAPPA AGED ABOUT 68 YEARS 1(a) SMT CHANDRAMMA W/O MUNIBYRAPPA AGED ABOUT 61 YEARS 1(b) SMT NARAYANAMMA D/O MUNIBYRAPPA AGED ABOUT 44 YEARS 1(c) SMT JAYAMMA D/O MUNIBYRAPPA AGED ABOUT 43 YEARS 1(d) SRI MOHANKUMAR S/O MUNIBYRAPPA AGED ABOUT 40 YEARS 1(e) SRI BASAVARAJU S/O MUNIBYRAPPA AGED ABOUT 38 YEARS 1(f) MANJAMMA D/O MUNIBYRAPPA AGED ABOUT 36 YEARS 1(g) BHAGYAMMA D/O MUNIBYRAPPA AGED ABOUT 34 YEARS 1(h) SRI RAVIKUMAR S/O MUNIBYRAPPA AGED ABOUT 32 YEARS 1(i) VAJRAMMA D/O MUNIBYRAPPA AGED ABOUT 30 YEARS 1(j) SRI NATARAJA S/O MUNIBYRAPPA AGED ABOUT 28 YEARS - 3 - NC: 2025:KHC:17669-DB RFA No.2154/2010 1(k) LATHAMANI D/O MUNIBYRAPPA AGED ABOUT 26 YEARS 2. SRI MUNIRAMAIAH S/O CHENNAPPA AGED ABOUT 65 YEARS 2(a) SMT SAROJAMMA W/O SRI C MUNIRAMAIAH AGED ABOUT 60 YEARS 2(b) SRI M MUNIRAJU S/O MUNIRAMAIAH AGED ABOUT 35 YEARS 2(c) SRI KUMAR S/O MUNIRAMAIAH AGED ABOUT 31 YEARS 3 SRI C MUNIRAJU S/O LATE CHENNAPPA AGED ABOUT 51 YEARS 3(a) SMT YESHODA W/O C MUNIRAJU AGED ABOUT 41 YEARS 3(b) VIDHYASHREE D/O MUNIRAJU AGED ABOUT 21 YEARS 4 SMT AMMAYAMMA W/O LATE HANUMANTHAIAH AGED ABOUT 61 YEARS 5 SMT LAKSHMIDEVI D/O CHENNAPPA AGED ABOUT 58 YEARS 6 SMT VAJRAMMA D/O CHENNAPPA AGED ABOUT 54 YEARS 7 SMT RADHA W/O JAYASHANKARAPPA AGED ABOUT 45 YEARS - 4 - NC: 2025:KHC:17669-DB RFA No.2154/2010 8 SMT LAKSHAMAMMA W/O MUNIRAJU AGED ABOUT 55 YEARS 9 SMT SARASWATHI D/O MUNIRAJU MAJOR R1 TO R9 ARE R/AT THALAGHATTAPURA VILLAGE & POST KANAKAPURA MAIN ROAD BANGALORE - 560 062 10 SRI HABEEB KHAN S/O LATE ABDULLA KHAN AGED ABOUT 71 YEARS R/AT NO 30, SRI RAMA MANDIR ROAD R.V.ROAD, BASAVANAGUDI BANGALORE-560 004 11 SRI BALAJI RELATERS PVT LTD., REP. BY SRI Y SHIVARAM KRISHNA R/AT NO.2, PYARA PLAZA INFANTRY ROAD BANGALORE - 560 001 12 SRI E PRASAD RAO S/O SRI E PICHAIAH AGED ABOUT 45 YEARS R/AT NO.4, PYARA PLAZA INFANTRY ROAD BANGALORE - 560 001 …RESPONDENTS (BY SRI A.CHANDRA CHUD, ADVOCATE FOR R1(a), (h), (j) & (k); R2, R2 (a-c), R3(a) & (b), R1(b),(c),(d),(e),(i),(f),(g) SERVED; R4 TO R9 ARE SERVED; SRI H.V.SUBRAMANYA, ADVOCATE FOR C/R11 & R12; BRINGING LRS OF DECEASED R10 EXEMPTED V/C/O/DT: 19.11.2024) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.10.2010 PASSED IN O.S.No.1438/2007 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE SUIT FOR PARTITION. - 5 - NC: 2025:KHC:17669-DB RFA No.2154/2010 THIS REGULAR FIRST APPEAL COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Learned Counsel for the appellants submits I.A.No.1/2025 under Order XXIII Rule 1 read with Section 151 of CPC seeking withdrawal of the appeal. The application is accompanied with the affidavit of appellant No.3. 2. Leave is sought to withdraw the appeal on medical grounds. Considering the same, I.A.No.1/2025 is allowed and the appeal is dismissed as withdrawn. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S.KAMAL) JUDGE KSR List No.: 1 Sl No.: 33