- 1 - HC-KAR NC: 2025:KHC:34475 MFA No. 4994 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4994 OF 2023 (CPC) BETWEEN: SMT. SHARADAMMA D/O. LATE HONNURAPPA, W/O. KRISHNAPPA, AGED ABOUT 55 YEARS, RESIDING AT SEEGEHALLI VILLAGE, HEGGADIHALLI POST, TOOBUGERE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. …APPELLANT (BY SRI. NAGARATHNA S K.,ADVOCATE) AND: SMT. RATHNAMMA D/O. LATE HONNURAPPA, (SINCE DEAD BY LRS) 1. SRI. KRISHNAPPA, S/O. CHIKKAMUNIYAPPA AGED ABOUT 70 YEARS, RESIDING AT HADONAHALLI VILLAGE, TUBUGERE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. 2. SMT. HEMA @ LAKSHMI W/O. AMBARISH, D/O. KRISHNAPPA, AGED ABOUT YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34475 MFA No. 4994 of 2023 3. SMT. PREMA W/O. NAGESH, D/O. KRISHNAPPA, AGED ABOUT YEARS, BOTH 2 AND 3 ARE RESIDING AT KETHANAHALLI VILLAGE, CHIKKABALLAPUR TALUK AND DISTRICT. 4. SRI. CHANDRANNA S/O. KRISHNAPPA, AGED ABOUT YEARS, RESIDING AT HADONAHALLI VILLAGE, TUBUGERE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. 5. SMT. RAJAMMA D/O. LATE HONNURAPPA, W/O. CHANNAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO. 58/1, ANJANADRI NILAYA, 2ND MAIN, KAMAKSHI PALYA, BENGALURU-560 069. 6. SMT. SHANTHAMMA D/O. LATE HONNURAPPA, W/O. PUTTANNA, AGED ABOUT 58 YEARS, RESIDING AT BEEDIKERE VILLAGE, MELEKOTE POST, TOOBUGERE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. 7. SRI. LAKSHMAMMA W/O. LATE NARAYANAPPA, AGED ABOUT 77 YEARS, - 3 - HC-KAR NC: 2025:KHC:34475 MFA No. 4994 of 2023 8. SRI. ASHWATHAPPA S/O. LATE NARAYANAPPA, AGED ABOUT 57 YEARS, 9. SRI. MUNEGOWDA S/O. NARAYANAPPA, AGED ABOUT 56 YEARS, RESPONDENTS 7 TO 9 ARE RESIDING AT SEEGENAHALLI, HEGGADIHALLI POST, TOOBUGERE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. 10. SMT. VIJAYAMMA D/O. LATE NARAYANAPPA, W/O. ASHWATHAPPA, AGED ABOUT 54 YEARS, RESIDING AT MELEKOTE VILLAGE, TOOBUGERE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. 11. SRI. SRINIVASAMURTHY S/O. LATE NARAYANAPPA, AGED ABOUT 52 YEARS, RESIDING AT SEEGENAHALLI, HEGGADIHALLI POST, TOOBUGERE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. 12. SRI. KRISHNAPPA S/O. LATE CHIKKAMUNIYAPPA, AGED ABOUT 72 YEARS, RESIDING AT HADONAHALLI VILLAGE, TOOBUGERE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. - 4 - HC-KAR NC: 2025:KHC:34475 MFA No. 4994 of 2023 13. SMT. MALA D/O. CHANDRANNA, AGED ABOUT 37 YEARS, RESIDING AT MACHAGONDANAHALLI DHAKALE, TOOBUGERE HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203. …RESPONDENTS THIS MFA FILED U/O 43 RULE 1(S) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 27.11.2021 PASSED ON I.A.NO.21 IN OS. NO. 457/2015. ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPUR, REJECTING THE I.A.NO.21 FILED UNDER ORDER 40 RULE 1 R/W 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 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file appeal before the appropriate forum. The memo is taken on record. Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA, List No.: 1 Sl No.: 18