- 1 - HC-KAR NC: 2025:KHC:43225 MFA No. 8433 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.8433 OF 2023 (CPC-) BETWEEN: 1. SRI. KEMPANNA S/O LATE CHIKKA ANJINAPPA AGED ABOUT 62 YEARS RA/T BYADARAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RUAL DISTIRCT 562110 …APPELLANT (BY SRI. CHANDRASHEKAR H B.,ADVOCATE) AND: 1. SMT. LAKSHMAMMA W/O LATE KRISHNAPPA AGED ABOUT 77 YEARS 2. MUNIRAAJA N S/O LATE KRISHNAPPA AGED ABOUT 56 YEARS 3. SMT AKKAYAMMA S/O LATE KRISHNAPPA AGED ABOUT 50 YEARS 4. SMT SHOBHA S/O LATE KRISHNAPPA AGED ABOUT 47 YEARS 5. SRI SHIVARAJU N K S/O LATE KRISHNAPPA AGED ABOUT 42 YEARS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43225 MFA No. 8433 of 2023 6. MASTER GANESH N S S/O SHIVARAJU N K AGED ABOUT 15 YEARS 7. MASTER PRAJWAL N S S/O SHIVARAJU N K AGED ABOUT 13 YEARS RESPONDENTS NO.6 & 7 BEING MINORS REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN SRI. SHIVARAJU N K I.E., RESPONDENT NO.5 HEREIN 8. SRI K MANJUNATHA S/O LATE KRISHNAAPPA AGED 37 YEARS 9. SMT BHAGYAMMA ALIAS ANJINAMMA D/O LATE MUDDAMMA AGED 61 YEARS 10. SRI ANJINAPPA S/O LATE MUDDAMMA AGED 57 YEARS RESPONDENT NOS.1 TO 10 ARE R/AT NERAGANAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110 11. M/S GOLDFINCH RESORTS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT NO.2/55, OUTER RING ROAD OPP: TO LUMBINI GARDENS VEERANNAPAYA, NAGAVARA - 3 - HC-KAR NC: 2025:KHC:43225 MFA No. 8433 of 2023 BENGALURU-560045 REP. BY ITS DULY AUTORIZED SIGNATORY MR B VIJAYAKUMAR …RESPONDENTS (BY SRI. RAGHAVENDRA N R., ADVOCATE FOR C/R4 & R5 AND FOR R1 TO 3 & R6 TO R10, R6 & R7 ARE MINORS REP. BY R5; SRI. SANDEEP LAHIRI & DEEPIKA JOSHI, ADV. FOR R11) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.29.11.2023 PASSED ON IA NO.1 IN O.S.NO.716/2023 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal. Memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 33