- 1 - HC-KAR NC: 2025:KHC:50041 RSA No. 1836 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1836/2025 (PAR/INJ) BETWEEN: 1. 1(a) SRI. G.R.KRISHNAPPA SINCE DEAD BY LRS. SRI. G.K.NAGARAJU SON OF G.R.KRISHNAPPA AGED ABOUT 56 YEARS RESIDING AT GUNJUR VILLAGE GOKUL BEEDHI VARATHUR HOBLI BENGALURU EAST TALUK. 1(b) SRI. G.K. CHANDRASEKAR SON OF G.R.KRISHNAPPA AGED ABOUT 53 YEARS RESIDING AT CIANJUR VILLAGE GOKUL BEEDHI VARATHUR HOBLI BENGALURU EAST TALUK. 1(c) SRI. G.K. MOHANRAJ SON OF G.R.KRISHNAPPA AGED ABOUT 46 YEARS RESIDING AT GUNJUR VILLAGE GOKUL BEEDHI VARATHUR HOBLI BENGALURU EAST TALUK. 1(d) SMT. SHATHAMMA WIFE OF G.R.KRISHNAPPA Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50041 RSA No. 1836 of 2025 AGED ABOUT 75 YEARS RESIDING AT GUNJUR VILLAGE GOKUL BEEDHI VARATHUR HOBLI BENGALURU EAST TALUK. 2. SRI. G.R.GOPAL SON OF LATE G.RAMESH AGED ABOUT 76 YEARS RESIDING AT GUNJUR VILLAGE GOKUL BEEDHI, VARATHUR HOBLI BENGALURU EAST TALUK APPELLANTS NO.1(a) TO (d) AND 2 REPRESENTED BY THEIR GPA HOLDER APPELLANT NO.3 BY ITS MANAGING DIRECTOR MR. M. KARTHIKEYAN, (AS PER GPA DATED 04-09-2019, REGISTERED AS DOC NO.437/2019-20, BOOK-IV, REGISTERED BEFORE THE SUB-REGISTRAR, BANASAWADI, BENGALURU AND ANOTHER GPA DATED 22-03-2019, REGISTERED AS DOC.NO.56/2019-20 BOOK-IV, REGISTERED BEFORE THE SUB-REGISTRAT MAHADEVAPURA, BENGALURU) 3. M/S. MYHNA PROPERTIES PVT. LTD., NO.83, 1ST FLOOR, G.P. PLAZA OUTER RING ROAD, ANADANAGAR NEAR KALAMANDI, MARATHALLI BENGALURU-560037 REPRESENTED BY ITS MANAGING DIRECTOR SRI. M. KARTHIKEYAN. &APPELLANTS (BY SRI. VISHWAS GOWDA G.M., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:50041 RSA No. 1836 of 2025 AND: 1. 1(a) SRI. RAMACHANDRA SINCE DEAD LRS BY SMT. CHAITHRA DAUGHTER OF LATE RAMACHANDRA AGED ABOUT 33 YEARS RESIDING AT NO.366 3RD CROSS, 2ND STAGE KANTEERAVANAGAR NANDININ LAYOUT BENGALURU-560 096. 2. SMT. RENUKA DAUGHTER OF LATE G.R.YELLAPPA WIFE OF MARIYAPPA AGED ABOUT 59 YEARS RESIDENT OF SHILLANGERI KOLAR TALUK AND DISTRICT-563 102. 3. SRI. SURESH SON OF LATE G.R. YELLAPPA AGED ABOUT 56 YEARS RESIDING AT NO.3, 1ST FLOOR, KEB OFFICE BUILDING TANK BUND ROAD, HULIMAVU BENGALURU-560 076. 4. SRI. LOKESH SON OF LATE G.R. YELLAPPA AGED ABOUT 51 YEARS RESIDING AT NO.378/9, 3RD B CROSS RAGHAVENDRA BADAVANE, HULIMAVU BENGALURU-560 076. 5. SMT. MAMATHA DAUGHTER OF LATE G.R. YELLAPPA WIFE OF H.BABU AGED ABOUT 49 YEARS RESIDING AT NO.237, - 4 - HC-KAR NC: 2025:KHC:50041 RSA No. 1836 of 2025 3RD CROSS, WEAVERS COLONY GOTTIGERE, BANNERUGATTA ROAD BENGALURU -560 083. 6. SMT. VENKATAMMA WIFE OF LATE G.R. YELLAPPA, AGED ABOUT 78 YEARS RESIDING AT NO.2237, 3RD CROSS, WEAVERS COLONY GOTTIGERE, BANNERUGATTA ROAD BENGALURU -560008. 7. SRI. G.R. NARAYANASWAMY SON OF LATE G.RAMAIAH AGED ABOUT 81 YEARS RESIDING AT NO.436 RAGHU FACTORY ROAD DOMMASANDRA SARAJAPURA HOBLI ANEKAL TALUK BENGALURU RURAL DISATRICT-562 125. 8. SRI. G.R.THIMMARAJU SON OF LATE G.RAMAIAH AGED ABOUT 69 YEARS RESIDING AT C/O KRISHNAMMA NO.51, 23RD CROSS, J.C.NAGAR PIPE LIN, KURBURAHALLI BENGALURU-560 086. 9. SMT. SUBBALAKSHAMMA DAUGHTER OF LATE G.RAMAIAH WIFE OF LATE VENKATACHALLAPPA AGED ABOUT 69 YEARS RESIDING AT GUNJUR VILLAGE GOKUL BEEDHI, VARATHUR HOBLI BENGALURU EAST TALUK. 10. SRI. JAGADEESH, SON OF LATE G.R.YELLAMMA AGED ABOUT 49 YEARS - 5 - HC-KAR NC: 2025:KHC:50041 RSA No. 1836 of 2025 11. SRI. SUBRAMANI SON OF G.R. YELLAPPA AGED ABOUT 49 YEARS 12. SRI. RAMA SON OF G.R. YELLAPPA AGED ABOUT 49 YEARS THE RESPONDENTS NO.10 TO 12 ARE RESIDING AT NO.490/3, GUNDAPPA BEEDHI, DOMMASANDRA SARJAPURA HOBLI, ANEKAL TALUK BENGALURU-562 125. 13. SMT. G.R.CHOWDAMMA WIFE OF LATE G.RAMAIAH AGED ABOUT 75 YEARS RESIDENT OF SHILLANGERE KOLAR TALUK AND DISTRICT-563 102. 14. SMT. KRISHNAMMA DAUGHTER OF LATE G.RAMAIAH WIFE OF RAMAKRISHNAPPA AGED ABOUT 73 YEARS RESIDING AT NO.59, 4TH CROSS SOCIETY COLONY, ADUGODI BENGALURU-560 030. &RESPONDENTS (BY SRI. G. VIJAY KUMAR, ADVOCATE FOR C/9) THIS RSA IS FILED UNDER SECTION 100 OF CPC, SEEKING TO SET ASIDE THE ORDER DATED 13.08.2025, PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN R.A.NO.39/2022 AND 67/2022 BY CONFIRMING THE ORDERS PASSED ON IA UNDER ORDER VII RULE 11(a) AND (d) OF CPC, IN O.S.NO.551/2012 DATED 14.03.2022 PASSED BY THE VI ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. - 6 - HC-KAR NC: 2025:KHC:50041 RSA No. 1836 of 2025 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Learned counsel for the appellants has filed a memo praying this Court to withdraw the appeal and file appropriate petition seeking appropriate remedy with liberty to file a fresh appropriate petition in accordance with law. 2. The memo is taken on record. In terms of the memo, the appeal is dismissed as withdrawn with liberty as sought. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 12