- 1 - HC-KAR NC: 2025:KHC:39134 MFA No. 7238 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7238 OF 2025 (CPC) BETWEEN: 1. SMT. M V ANJALI DEVI W/O BHAVANI SINGH AGED ABOUT 68 YEARS R/AT NO.20, MANCHAMMA BUILDING 2ND CROSS, NEAR BOSTON SCHOOL MUTTHAPPA BLOCK, R.T. NAGAR BENGALURU5-560 032 2. SMT. M.V. KANTHA MANI W/O LATE M.R. CHANDRASHEKHAR AGED ABOUT 68 YEARS R/AT NO.39, 17TH CROSS, NEAR SANKEY ROAD, RANGANATHAPURA MALLESHWARAM BENGALURU-560 003. 3. SMT. M.V. HEMALATHA W/O MUNINANJAPPA AGED ABOUT 66 YEARS R/AT NO.9, BHUVANESHWARI NILAYA 1ST CROSS, MARIYAPPA BLOCK DINNUR MAIN ROAD R.T. NAGAR BENGALURU-560 032 4. SRI. M.V. VENKATESH S/O LATE N. VENKATARAMANAPPA AGED ABOUT 60 YEARS R/AT NO.20, KHM BLOCK Digitally signed by SWAPNA V Location: high court of karnataka - 2 - HC-KAR NC: 2025:KHC:39134 MFA No. 7238 of 2025 4TH MAIN ROAD, GANGANAGAR, BENGALURU-560 032 5. SMT. M.V. CHANDRAKALA W/O CHANDRAPRAKASH J.V. AGED ABOUT 58 YEARS R/AT WARD NO.3, D CROSS MUTHASANDRA, DODDABALLAPURA, BENGALURU RURAL. 6. SRI. M.V. BHASKAR S/O VENKATARAMANAPPA AGED ABOUT 56 YEARS R/AT 4TH CROSS, CHOWDAIAH BLOCK OPP., TO MAMATHA SCHOOL GANGANAGARA, R.T. NAGAR BENGALURU-560 032 7. SRI. M.V. SRINIVAS S/O LATE N. VENKATARAMANAPPA AGED ABOUT 54 YEARS R/AT NO.7/A, 1ST MAIN, 2ND CROSS, CHIKKABOMMASANDRA YELAHANKA, GKVK POST BENGALURU-560 065 8. SMT. M.V. GEETHA RANI W/O NAGESH M.N AGED ABOUT 52 YEARS R/AT NO. 18, BEHIND ST. JOHNS SCHOOL LOTTEGOLLAHALLI BENGALURU-560 094 …APPELLANTS (BY SRI. M. ERAPPA REDDY., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:39134 MFA No. 7238 of 2025 AND: 1. SRI.S. CHANDRASHEKAR S/O SRINIVASAPPA AGED ABOUT 43 YEARS R/AT BEHIND GAYATHRI TRADERS KODIGEHALLI MAIN ROAD SAHAKARANAGAR POST BENGALURU-560 092 2. SMT. RATHNAMMA W/O PATELAPPA AGED ABOUT 59 YEARS 3. SRI. ANJI @ SHEKAR S/O PATELAPPA AGED ABOUT 40 YEARS 4. SRI. SHIVAKUMAR S/O PATELAPPA AGED ABOUT 38 YEARS 5. SRI. MANJUNATH S/O PATELAPPA AGED ABOUT 35 YEARS 6. SRI. PRABHAKAR S/O PATELAPPA AGED ABOUT 31 YEARS SL. NO.2 TO 6 ARE R/AT 187, NEW CITY CORPORATION NO.29, GANESHA TEMPLE ROAD NEW WATER TANK, 6TH CROSS, MANORAYANAPALYA R.T. NAGAR POST BENGALURU-560 032. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 15.09.2025 PASSED ON I.A.NO. 2 - 4 - HC-KAR NC: 2025:KHC:39134 MFA No. 7238 of 2025 IN Ex.NO. 978/2025 THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-25), DISMISSING THE IA NO. 2 FILED U/O XXI RULE 97 R/W SECTION 47 AND 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 appellants has filed a memo seeking permission to withdraw the appeal with liberty to file Regular First Appeal. The memo is taken on record. Accordingly, the appeal is dismissed as withdrawn reserving liberty to file a Regular First Appeal. The appellant is entitled to benefit of Section 14 of Limitation Act for the purpose of limitation. Office is directed to return the certified copies of the trial court records, retaining a photocopy of the same, at the cost of the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE BH List No.: 1 Sl No.: 18