- 1 - HC-KAR NC: 2025:KHC:38106 MFA No. 1990 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 1990 OF 2025 (CPC) BETWEEN: SRI BABU REDDY S/O LATE PILLAIAH, AGED ABOUT 52 YEARS. RESIDING AT DEVARACHIKKANAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU- 560 076. …APPELLANT (BY SRI. UMESH B N., ADVOCATE) AND: 1. SMT LAKSHMAMMA W/O LATE VENKATASWAMY, AGED ABOUT 68 YEARS. 2. SRI. SHANKAR REDDY, S/O. LATE VENKATASWAMY, AGED ABOUT 46 YEARS. 3. SRI. NAGARAJU @ NAGESH, S/O LATE VENKATASWAMY, AGED ABOUT 39 YEARS. RESPONDENT 1 TO 3 RESIDING NEAR ANJANEYA TEMPLE, MAHADEVAPURA VILLAGE AND POST, WHITE FIELD ROAD, BENGALURU- 560 048. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38106 MFA No. 1990 of 2025 4. SMT. BHAGYAMMA, D/O LATE VENKATASWAMY, AGED ABOUT 48 YEARS, R/ AT NO.270, NEAR ITI LAYOUT, AAKASH NAGAR, 'A' NARAYANAPURA, BENGALURU- 560 016. 5. P. MUNI REDDY, S/O LATE PILLAIAH, AGED ABOUT 58 YEARS. R/AT DEVARACHIKKANAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560076 6. SMT. RATHNAMMA, D/O LATE PILLAIAH, AGED ABOUT 60 YEARS, W/O RAMACHANDRA REDDY, VIJAYANAGAR, NEAR WHITE FIELD, KADUGODI POST, BENGALURU-560067. 7. SMT. BHAGYAMMA, D/O LATE PILLAIAH, AGED ABOUT 58 YEARS, W/O HANUMAPPA REDDY. 8. SMT. MANJULA, D/O LATE PILLAIAH, AGED ABOUT 59 YEARS, W/O HANUMAPPA REDDY. BOTH RESPONDENTS 7 AND 8 ARE RESIDING AT KODATHI VILLAGE, CARMELARAM POST, SARJAPURA ROAD, VARTHURU HOBLI, BENGALURU EAST TALUK, BENGALURU-560035 - 3 - HC-KAR NC: 2025:KHC:38106 MFA No. 1990 of 2025 9. SMT. VIMALA, D/O LATE RAMAIAH, AGED ABOUT 73 YEARS. 10. SRI. NATARAJ, S/O LATE RAMAIAH, AGED ABOUT 53 YEARS. RESPONDENT 9 AND 10 ARE RESIDING AT DEVARACHIKKANAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU 560076 11. SMT. KANTHAMMA D/O LATE KRISHNAPPA, AGED ABOUT 62 YEARS, W/O VENKATESHREDDY, BERIKE ROAD, HOSUR TALUK, - 635109, KRISHNAGIRI DISTRICT, TAMIL NADU. 12. SRI. RAJAPPA, S/O LATE KRISHNAPPA, AGED ABOUT 59 YEARS, R/ AT DEVARACHIKKANAHALLI, BELAKAHALLI POST, BEGUR HOBLI, BENGALURU SOUTH TALUK-560 076. 13. SMT. MUNILAKSHMAMMA, D/ O LATE KRISHNAPPA, AGED ABOUT 54 YEARS, W/O VENKATESHREDDY, R/ AT TUMMANAHALLI, BERIKE ROAD, HOSUR TALUK-635109, KRISHNAGIRI DISTRICT, TAMIL NADU. 14. SMT. PRAMILA D/O LATE KRISHNAPPA - 4 - HC-KAR NC: 2025:KHC:38106 MFA No. 1990 of 2025 AGED ABOUT 50 YEARS W/O SUESHEDDY R/A DODDABOMMASANDRA MUNESHWAA LYAOUT R R SCHOOL OAD VDYAANYAPUA POST BENGLAURU 560 027 15. SRI. GAJENDA S/O LATE KISHNAPPA AGED ABOUT 48 YEARS AT DEVARACHIKKANAHALLI BELAKAHALLI POST BEGUR HOBLI BENGALURU SOUTH TALUK 560 076 16. SRI LAKSHMANA S/O ALE KRISHNAPPA AGED ABOUT 46 YEARS R/A DEVARACHIKKANAHALLI BELAKAHALLI POST BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU- 560 076 …RESPONDENTS (BY SMT. ANUPAMA.M.V., ADVOCATE C/R1 TO R4) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 26.11.2024 PASSED ON I.A. NO. III IN FDP.NO. 13/2022 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH- 32), ALLOWING THE I.A. NO.III FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 5 - HC-KAR NC: 2025:KHC:38106 MFA No. 1990 of 2025 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal. 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 10