- 1 - HC-KAR NC: 2025:KHC:41600 RFA No. 1646 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.1646 OF 2023 (PAR/POS) BETWEEN: SRI R CHANDRASHEKAR SINCE DEAD BY LRS. SMT. PARVATHAMMA W/O LATE SRI.R.CHANDRASHEKAR AGED ABOUT 60 YEARS R/AT NO.17/1, NEW TIMBER YARD LAYOUT MYSORE ROAD BENGALURU – 560 026. …APPELLANT (BY SRI. G S VENKAT SUBBA RAO, ADVOCATE) AND: 1. SMT RANGALAKSHMI W/O S.G. SATHISH AGED ABOUT 41 YEARS, R/AT NO.17/1, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BENGALURU – 560 026. 2. SMT RUKMINI W/O KRISHNA MURTHY AGED ABOUT 39 YEARS, NO.266, 10TH MAIN, 1ST CROSS, HANUMANTHANAGAR, BENGALURU – 560 019. 3. SMT. LEELAVATHI W/O THAYAGARAJ, AGED ABOUT 36 YEARS, R/AT 6TH MAIN, 5TH CROSS, JNANAJYOTHI NAGAR BENGALURU – 560 056. 4. SRI. JAYANTH, S/O R. CHANDRASHEKAR, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41600 RFA No. 1646 of 2023 AGED ABOUT 33 YEARS, R/AT NO.17/1, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BENGALURU – 560 026. 5. SMT. YASHODHA, W/O MUTHURAJ, AGED ABOUT 31 YEARS, R/AT NO.17/1, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BENGALURU – 560 026. …RESPONDENTS (BY SRI. C SHANKAR REDDY, ADVOCATE FOR R-1; SRI. SANCHAN JAINANDAN, ADVOCATE FOR R-2 & R-3 SRI. A. RAJESH, ADVOCATE FOR R-5) THIS RFA IS FILED UNDER SEC.96 OF CPC AGAINST THE ORDER DATED 05.04.2022 PASSED IN FDP NO.155/2017 ON THE FILE OF PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE PETITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo to the effect that since the appellant has filed Misc.P.No.910/2023 on 31.07.2025 challenging the impugned judgment and final decree dated 05.04.2022 passed in FDP No.155/2017, the present appeal challenging the aforesaid impugned final decree, which is already the subject matter of Misc.P.No.910/2023, the appeal may be - 3 - HC-KAR NC: 2025:KHC:41600 RFA No. 1646 of 2023 disposed of as withdrawn reserving liberty in favour of the appellant to prosecute the said Misc.P.No.910/2023, in accordance with law. 2. The said memo is placed on record. 3. Accordingly, appeal is disposed of as withdrawn. Liberty is reserved in favour of the appellant to prosecute Misc.P.No.910/2023, in accordance with law . 4. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1