- 1 - HC-KAR NC: 2025:KHC:32775 MSA No. 34 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL No.34 OF 2025(RO) BETWEEN: B D SHARADHISHAYANA AGED ABOUT 71 YEARS, S/O LATE DODDARANGAIAH, R/AT NEW WATER TANK, NEAR HETHENALLAMMA TEMPLE, GOOD SHED COLONY, SHANTINAGAR, TUMAKURU-572201 …APPELLANT (BY SRI PRADYUMNA L.N FOR SRI SUNDARA RAMAN M V, ADVOCATES) AND: 1. B D NARAYANA AGED ABOUT 68 YEARS, S/O LATE DODDARANGAIAH, R/AT BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK, TUMAKURU-572 219 NOW R/AT NEAR ANIL KUMAR BUILDING 6TH CROSS, SADHASHIVNAGAR KUNIGAL MAIN ROAD TUMAKURU-574 154 2. JAYALAKSHMAMMA AGED ABOUT 65 YEARS, W/O LATE B D VYKUNTASWAMY, BYADEGERE VILLAGE KADABA HOBLI, GUBBI TALUK TUMAKURU-572 219 Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32775 MSA No. 34 of 2025 3. RATHNAKUMARA AGED ABOUT 60 YEARS, S/O LATE B D VYKUNTASWAMY, PRESENTLY RESIDING AT DASARA KALLAHALLI VILLAGE KADABA HOBLI GUBBI TALUK TUMAKURU-572 219 4. GOPALKRISHNA AGED ABOUT 50 YEARS, S/O LATE B D VYKUNTASWAMY, PRESENTLY RESIDING AT DASARA KALLAHALLI VILLAGE KADABA HOBLI GUBBI TALUK TUMAKURU-572 219 5. PREMALATHA AGED ABOUT 55 YEARS, S/O LATE B D VYKUNTASWAMY, PRESENTLY RESIDING AT DASARA KALLAHALLI VILLAGE KADABA HOBLI GUBBI TALUK TUMAKURU-572 219 6. SANJEEVAMMA AGED ABOUT 68 YEARS, W/O LATE B D RAMANJINEYA PRESENTLY RESIDING AT BYADEGERE VILLAGE KADABA HOBLI GUBBI TALUK TUMAKURU-572 219 7. RAJANNA AGED ABOUT 45 YEARS, S/O LATE B D RAMANJINEYA PRESENTLY RESIDING AT - 3 - HC-KAR NC: 2025:KHC:32775 MSA No. 34 of 2025 BYADEGERE VILLAGE KADABA HOBLI GUBBI TALUK TUMAKURU-572 219 8. BHAGYAMMA AGED ABOUT 43 YEARS, S/O LATE B D RAMANJINEYA PRESENTLY RESIDING AT BYADEGERE VILLAGE KADABA HOBLI, GUBBI TALUK TUMAKURU-572 219 9. NAGAMMA AGED ABOUT 41 YEARS, S/O LATE B D RAMANJINEYA PRESENTLY RESIDING AT BYADEGERE VILLAGE KADABA HOBLI, GUBBI TALUK TUMAKURU-572 219 10. JAYAMMA AGED ABOUT 38 YEARS, D/O LATE B D RAMANJINEYA PRESENTLY RESIDING AT BYADEGERE VILLAGE KADABA HOBLI GUBBI TALUK TUMAKURU-572 219 11. SWAMY AGED ABOUT 36 YEARS, S/O LATE B D RAMANJINEYA PRESENTLY RESIDING AT BYADEGERE VILLAGE KADABA HOBLI, GUBBI TALUK TUMAKURU-572 219 12. B D LAKSHMIRAMANAIAH AGED ABOUT 75 YEARS, - 4 - HC-KAR NC: 2025:KHC:32775 MSA No. 34 of 2025 S/O LATE DODDARANGAIAH, R/AT BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK TUMKARU DISTRICT-572 219 13. JANAKAMMA AGED ABOUT 78 YEARS, D/O LATE DODDARANGAIAH, W/O LATE NARASAHANUMAIAH, R/AT A K KAVAL, (VADDARAHALLI) GULURU HOBLI, TUMAKURU TALUK-572 130 14. B GANGADHARAGOWDA AGED ABOUT 78 YEARS, S/O LATE BOREGOWDA, R/O BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK, TUMKARU DISTRICT-572 219 15. RANGASWAMAIAH AGED ABOUT 58 YEARS, S/O DODDAIAH, R/O BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK TUMKURU DISTRICT-572 219 16. YASHODAMMA AGED ABOUT 83 YEARS, W/O LATE SIDDALINGEGOWDA, 17. SUNIL PATIL AGED ABOUT 58 YEARS, S/O LATE SIDDALINGEGOWDA, BOTH ARE RESIDING AT BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572 219. - 5 - HC-KAR NC: 2025:KHC:32775 MSA No. 34 of 2025 18. NANJAMMA AGED ABOUT 60 YEARS, W/O SEETHARAMAIAH, R/AT BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572 219 19. PUTTANANJAMMA AGED ABOUT 78 YEARS, W/O GANGADHARAGOWDA, R/AT BYADGERE VILLAGE, KADABA HOBLI, GUBBI TALUK TUMKUR DISTRICT-572 219 …RESPONDENTS (BY SMT M.R.GEETHA, ADVOCATE FOR C/R1) THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 20.11.2024 PASSED IN RA NO.29/2023 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 03.01.2023 PASSED ON I.A.NO.18 IN OS NO.43/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, GUBBI, ALLOWING THE I.A NO.18 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 6 - HC-KAR NC: 2025:KHC:32775 MSA No. 34 of 2025 ORAL ORDER Memo filed which reads as under: “The counsel for the appellant craves leave of this Hon’ble Court to withdraw the present appeal with liberty to advance all possible valid contentions before the Trial Court in O.S.No.43/2016. This memo may kindly be taken on record in the interest of justice and equity.” 2. Placing the memo on record, appeal is dismissed as withdrawn. 3. However, appellant is permitted to canvass all possible valid points before the Trial Court in the fresh trial. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 35