- 1 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1069 OF 2004 (PAR) C/W RFA CROSS OBJECTION NO. 1 OF 2005 (PAR) IN RFA No. 1069/2004 BETWEEN: M S VEERABHADRAIAH S/O. LATE R SHARABANNA SINCE DECEASED BY HIS LR’S 1. SRI S V JAYASHANKAR AGED ABOUT 68 YEARS 2. SRI M S SHIVAKUMAR AGED ABOUT 65 YEARS 3. SRI S V SHIVASHANKAR SINCE DEAD BY HIS LR’S 3(a) SMT B S CHANDRAKALA AGED ABOUT 55 YEARS 3(b) SRI V S PRADEEP KUMAR AGED ABOUT 36 YEARS 3(c) SRI V S PRAVEEN KUMAR AGED ABOUT 34 YEARS 4. SMT UMADEVI AGED ABOUT 50 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 ALL ARE R/AT NO.1627 MAIN ROAD, UMASHANKAR NILAYA OPPOSITE NAGARESHWARA SWAMY TEMPLE MAIN ROAD, DODDABALLAPURA BENGALURU RURAL DISTRICT. …APPELLANTS (BY SRI. R B SADASIVAPPA, ADVOCATE) AND: 1. M S SHARABANNA S/O. LATE R SHARABANNA SINCE DEAD BY HIS LR’S 1.1 SUSHEELAMMA W/O. LATE M.S. SHARABANNA SINCE DEAD BY HER LR’S 1.2. M S SHANTHA KUMAR S/O. LATE M.S. SHARABANNA SINCE DEAD BY HIS LR’S 1.2(a) SMT. INDIRA W/O LATE SRI M S SHANTHA KUMAR AGED ABOUT 65 YEARS 1.2(b) SRI M.S. NAVEEN KUMAR S/O LATE SRI M S SHANTHA KUMAR AGED ABOUT 45 YEARS. 1.2(c) SMT M S ARUNA D/O LATE M S SHANTHA KUMAR AGED ABOUT 41 YEARS 1.3 M S DEVARAJ S/O. LATE M.S. SHARABANNA SINCE DEAD BY HIS LR’S - 3 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 SMT. SHYLAJA W/O LATE SRI M S DEVARAJ SINCE DEACEASED BY HER LR’S 1.3(i) SMT MENAKA M S D/O LATE SRI M S DEVARAJ AGED ABOUT 38 YEARS 1.3(ii) SMT. SWARNA LAKSHMI M S D/O LATE SRI M S DEVARAJ AGED ABOUT 35 YEARS 1.4 M S VEERABHADRAIAH S/O. LATE SRI M.S. SHARABANNA AGED ABOUT 60 YEARS SL NOS. 1.1 TO 1.4 ARE R/AT NO.314 15TH CROSS, UPPER PALACE ORCHARDS SADASHIVANAGAR, BANGALORE – 560006. 1.5 SMT.M S YASHODAMMA W/O. SRI SHIVARUDRAPPA AGED ABOUT 58 YEARS D/O LATE M.S. SHARABANNA R/AT NO. 350, 4TH MAIN POST OFFICE ROAD, 3RD PHASE J.P. NAGAR, BANGALORE – 560078. 2. SRI M S PILLAPPA S/O. LATE M.S. SHARABANNA SINCE DECD BY HIS LR’S 2.1 SMT. PUSHPA W/O. LATE M.S. PILLAPPA AGED ABOUT 50 YEARS - 4 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 2.2. SRI SATHISH S/O. LATE M.S. PILLAPPA AGED ABOUT 45 YEARS 2.1 AND 2.2 BOTH ARE R/AT NO.202 1ST CROSS, SOMESWARA EXTN. DODDABALLAPUR - 562 103. 2.3 SMT SANDHYA W/O. CHANDRASHEKAR D/O. LATE M.S. PILLAPPA AGED ABOUT 35 YEARS R/AT NO.51, 3RD MAIN DATTATREYA EXTN. HOSAKEREHALLI BANGALORE. 3. SUNANDA W/O. SHIVA KUMAR D/O. LATE M.S. SHARABANNA SINCE DECEASED BY HER LR’S 3.1 SHIVA KUMAR H/O. LATE SUNANDA S/O. LATE B CHIKKANNA SINCE DEAD BY HIS LR’S 3.2 KIRAN KUMAR S/O. LATE SRI SHIVA KUMAR AGED ABOUT 35 YEARS 3.3 SMT. SAVITHA W/O. M.S. VEERABHADRAIAH AGED ABOUT 35 YEARS 3.1(a) TO 3.1(b) ARE R/AT NO.427 OM SAI RAM 4TH MAIN, HMT LAYOUT ANANDA NAGARA, BANGALORE – 560024. 3.4 SMT. POORNIMA W/O. UMESH D/O. SHIVA KUMAR - 5 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 AGED ABOUT 35 YEARS R/AT NO. 1873, BASAVA KRUPA 2ND PHASE, 6TH CROSS, 18TH A MAIN J.P.NAGAR, BANGALORE – 560078. 4 SRI M S SIDDAPPA S/O. LATE M.S. HSARABANNA SINCE DEAD BY HIS LR’S 4.1 HEMALATHA W/O. M.S. SIDDAPPA AGED ABOUT 50 YEARS 4.2 KUM. S CHETHANA D/O LATE SRI M S SIDDAPPA AGED ABOUT 25 YEARS 4.1 AND 4.2 ARE R/AT NO.5 BEHIND IMPACT COLLEGE KODIGENAHALLI, SAHAKARA NAGARA POST BANGALORE – 560006. 5 M S MUDDARACHAPPA S/O. LATE R SHARABANNA SINCE DEAD BY HIS LR’S 5.1 SMT. M.S. RATHNAMMA W/O. LATEM.S. MUDDARACHAPPA AGED ABOUT 75 YEARS 5.2 SRI M S BASAVARAJ S/O. LATE M.S. MUDDARACHAPPA} AGED ABOUT 60 YEARS 5.3 SRI M S MAHESH KUMAR S/O. LATE M.S. MUDDARACHAPPA AGED ABOUT 45 YEARS. - 6 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 5.4 SMT PRAFULLA D/O.LATE M.S. MUDDARACHAPPA AGED ABOUT 40 YEARS 5.1 TO 5.4 ARE R/O NAGARATHPET DODDABALAPUR TOWN BANGALOR RURAL DISTRICT. 5.5 SMT. M S INDIRA D/O. LATE M.S. MUDDARACHAPPA W/O SRI MANJUNATH AGED ABOUT 45 YEARS R/AT J.C. EXTNSION BEHIND KEB OFFICE VIJAYPURADEVANAHALLI TALUK BANGALORE RURAL DISTRICT. 5.6 SMT. LAKSHMI D/O LATE SRI M S MUDDARACHAPPA W/O. SRI SHIVA KUMAR AGED ABOUT 36 YEARS R/AT NO.1, NEXT TO SIDDESWARA FRAME WORKS THIMMARAYASETTY GALLI NAGARATHPET CROSS, BANGALORE -560002. 6. SRI M S DODDAMUDDARACHAPPA S/O. LATE R SHARABANNA SINCE DEAD BY HIS LR’S 6.1 SMT. MUGAVALAMMA W/O. LATE M.S.DODDAMUDDARACHAPPA AGED ABOUT 75 YEARS R/O. NAGARATHPET DODDABALLAPUR TOWN BANGALORE RURAL DISTRICT-561203. 6.2 SMT. VIJAYALAKSHMI W/O. SRI SHIVARUDRAPPA D/O LATE SRI M S DODDAMUDDARACHAPPA AGED ABOUT 60 YEARS R/O. NEAR BUS STAND - 7 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 KALYAN MANTAPPA BACKSIDE VIJAYAPURA, DEVANAHALLI TALUK. 6.3 SMT. SHAKUNTHALA W/O. SANTHOSH KUMAR D/O. LATE M.S. DODDAMUDDARACHAPPA AGED ABOUT 52 YEARS R/O. NAGARATHPETE DODDABALLAPUR TOWN - 561 203 BANGALORE RURAL DISTRICT. 7. SMT SUSHEELAMMA W/O LATE SRI M S SHARABANNA SINCE DEAD BY HIS LR’S (a) SRI M S SHANTHA KUMAR AGED ABOUT 61 YEARS (b) SRI M S DEVARAJ AGED ABOUT 57 YEARS (c) SRI. M S VEERABHADRAIAH AGED ABOUT 54 YEARS 7(a) TO 7(c) ARE SONS OF LATE SRI M S SHARABANNA AND ARE R/AT NO.314, 15TH CROSS UPPER PALACE ORCHARDS SADASHIVANAGAR, BENGALURU-560 006. (d) SMT M S YASHODAMMA W/O SRI SHIVARUDRAPPA D/O LATE SRI M S SHARABANNA AGED BOUT 51 YEARS R/AT NO. 350 4TH MAIN POST OFFICE ROAD, J P NAGAR 3RD PHASE BENGALURU-560 078. - 8 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 (e) SRI M S PILLAPPA S/O LATE SRI M S SHARABANNA SINCE DEAD BY HIS LR’S (i) SMT PUSHPA W/O LATE SRI M S PILLAPPA AGED ABOUT 57 YEARS (ii) SRI SATISH S/O LATE SRI M S PILLAPPA AGED ABOUT 39 YEARS (iii) SMT SANDHYA D/O LATE SRI M S PILLAPPA AGED ABOUT 37 YEARS (i) TO (iii) ARE R/AT NO. 202 1ST CROSS SOMESHWARA EXTENSION DODDABALLAPURA BENGALURU-562103. f. SMT SUNANDA W/O SRI SHIVAKUMAR D/O LATE SRI M S SHARABANNA SINCE DEAD BY HER LR’S i SRI SHIVAKUMAR H/O LATE SMT SUNANDA S/O LATE SRI B CHIKKANNA AGED ABOUT 71 YEARS ii SRI KIRAN KUMAR S/O SRI SHIVAKUMAR AGED ABOUT 37 YEARS iii SMT SAVITHA W/O SRI M S VEERABHADRAIAH D/O SRI. SHIVAKUMAR AGED ABOUT 42 YEARS. - 9 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 i TO iii ARE R/AT NO.427 OM SAI RAM, 4TH MAIN HMT LAYOUT, ANANDANAGARA BENGALURU-560 024. iv SMT POORNIMA W/O SRI UMESH D/O SRI SHIVAKUMAR AGED ABOUT 40 YEARS R/AT NO 1873 BASAVA KRUPA 6TH CROSS, 18TH A MAIN 2 PHASE, J P NAGARA BENGALURU-560 078. g. SRI M S SIDDAPPA S/O LATE SRI M S SHARABANNA SINCE DEAD REP BY HIS LR’S i SMT HEMALATHA W/O LATE SRI M S SIDDAPPA AGED ABOUT 52 YEARS. ii MISS NAMITHA D/O LATE SRI M S SIDDAPPA AGED ABOUT 27 YEARS i & ii BOTH ARE R/AT NO.5 BEHIND IMPACT COLLEGE KODIGENAHALLI, SHANKARANAGARA BENGALURU. 8. SMT. M S YASHODAMMA W/O LATE SRI SHIVARUDRAPPA D/O LATE SRI M S SHARABANNA AGED ABOUT 51 YEARS R/AT NO.350, 4TH MAIN POST OFFICE ROAD 3RD PHASE J P NAGARA BENGALURU-560 078. - 10 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 9. SRI M S PILLAPPA S/O LATE SRI M S SHARABANNA SINCE DEAD BY HIS LR’S i SMT PUSHPA W/O LATE SRI M S PILLAPPA AGED ABOUT 57 YEARS ii SRI. SATISH S/O LATE SRI M S PILLAPPA AGED ABOUT 39 YEARS i & ii BOTH ARE R/A NO.202 1ST CROSS SOMESHWARA EXTENSION DODDABALLAPURA-562103. 10. SMT SUNANDA W/O SRI SHIVAKUMAR SINCE DEAD BY HIS LR’S i SRI SHIVAKUMAR H/O LATE SMT SUNANDA S/O LATE SRI B CHIKKANNA AGED ABOUT 71 YEARS ii SRI KIRAN KUMAR S/O SRI SHIVAKUMAR AGED ABOUT 37 YEARS iii SMT SAVITHA W/O SRI M S VERABHADRAIAH D/O SRI SHIVAKUMAR AGED ABOUT 42 YEARS. i TO iii ARE R/AT NO.427 OM SAI RAM 4TH MAIN HMT LAYOUT ANANDANAGARA BENGALURU. iv SMT POORNIMA W/O SRI UMESH - 11 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 D/O SRI SHIVAKUMAR AGED ABOUT 40 YEARS R/AT NO.1873, BASAVA KRUPA 6TH CROSS, 18TH A MAIN 2ND PHASE, J P NAGARA BENGALURU-560 078. 11. SMT M S RATHNAMMA W/O LATE SRI MUDDARACHAPPA AGED ABOUT 67 YEARS R/A NAGRATHPET DODDABALLAPURA TOWN BENGALURU RURAL DISTRICT. 12. M/S NORTH STAR REALITY VENUTRES A PARNERSHIP FIR HAVING ITS OFFICE AT NO 2011 EMBASSY HABITAT PALACE CROSS ROAD VASANTHNAGAR BENGALURU-560020 REPRESENTED BY ITS AUTHORISED SIGNATORY SRI N GOPALAIAH S/O LATE SRI RANGEGOWDA AGED ABOUT 80 YEARS. …RESPONDENTS (BY SRI. H V KUMARASWAMY .,ADVOCATE FRO R3.1, R4.2, R7(A TO D) R7e(i TO iii), R7f(I TO iv), R7g(i AND ii), R8, R9(i & ii) R10(i TO iv), R11: SRI. V F KUMBAR, ADVOCATE FOR R1.3(i & ii), R1.4 & 1.5, R2.1 TO 2.3, R3.2 TO 3.4, R4.1: SRI. S VENUGOPAL, ADVOCATE FOR R1.2(a) TO 1.2(c): SRI. G SATHYANARAYANA, ADVOCATE FOR R5.1: SRI. R KOTWAL, ADVOCATE FOR R6.1 TO 6.3: SMT. SADHANA DESAI, ADVOCATE FOR R12: R1.1 DEAD REMAINING RESPONDENTS ARE LR’S OF R1.1: R5.2 TO R5.6 SERVED: R2.1, R9(i) & R7e(i) ARE SAME PERSON R1.2 & R7(a) ARE SAME PERSON R1.3 & R7(c) ARE SAME PERSON R1.4, R7(d ) & R8 ARE SAME PERSON R2.2, R9(ii) & R7e(ii) ARE SAME PERSON - 12 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 R2.3 & R7e(iii) ARE SAME PERSONS R3.1, R7f(i) & R10(i) ARE SAME PERSON R3.2, R7f(ii) & R10(ii) ARE SAME PERSON R3.3, R7f(iii) AND R10(iii) At the request of learned counsel for the re-list this matter on SAME PERSON R3.4, R7 &(iv) AND R10(iv) ARE SAME PERSON R4.1 & R7g(i) ARE SAME PERSON R5.1 & R11 ARE SAME PERSON) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED: 7.8.2004 PASSED IN O.S.NO.4/02 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), DODDABALLAPUR, PARTLY DECREEING THE SUIT FILED BY THE APPELLANT HEREIN FOR PARTITION & SEPARATE POSSESSION BY ALLOTTING 1/4TH SHARE IN THE SCHEDULE ITEM NO.1 TO 3, 6 TO 8 AND 10 TO 13 AND THE APPELLANT HEREIN PRAYS TO SET ASIDE THE ABOVE JUDGMENT AND DECREE AS FAR AS IT RELATES TO THE REJECTION OF SHARE IN THE ITEMS 4,5,9, 14 TO 35 IN SCHEDULE 'A' AND THE TWO ITEMS IN SCHEDULE 'B' PROPERTIES. IN RFA.CROB NO. 1/2005 BETWEEN: 1. M S BASAVARAJ S/O LATE M S MUDDARACHAPPA AGED ABOUT 42 YEARS 2. M S MAHESH S/O LATE M S MUDDARACHAPPA AGED ABOUT 42 YEARS 3. PRAFULLA D/O MUDDARAJAPPA AGED ABOUT 35 YEARS ALL ARE R/AT NAGARATHPET DODDABALLAPURA TOWN BANGALORE RURAL - 13 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 4. SMT M S INDIRA D/O LATE M S MUDDARACHAPPA W/O MANJUNATH AGED ABOUT 38 YEARS J.C. EXTENSION, BEHIND KEB OFFICE VIJIPURA, DEVANAHALLI TALUK BANGALORE RURAL. 5. M S LAKSHMI D/O LATE M S MUDDARACHAPPA W/O SHIVAKUMAR AGED ABOUT 33 YEARS NO 1, NEXT TO SIDDESWARA FRAME WORKS THIMMNARAYANAPPA SHETTY GALLI BANGALORE-560002. ...CROSS OBJECTORS (BY SRI. N NAGARAJA & S VIJAYAKUMAR.,ADVOCATE) AND: 1. M S VEERABHADRAIAH S/O LATE R SHARABANNA SINCE DEAD BY HIS LR’S 1(a) YESHODAMMA W/O LATE M S VEERABHADRIAH AGED ABOUT 60 YEARS R/AT NO.1487, 6TH MAIN 2ND BLOCK, AUSTIN TOWN NEELASANDRA, BENGALURU. 1(b) JAYASHANKAR S/O LATE M S VEERABHADRAIAH AGED ABOUT 55 YEARS 1(c) M S SHIVAKUMAR S/O LATE SHIVASHANKAR AGED ABOUT 48 YEARS SINCE DEAD BY LR’S - 14 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 1(d)(1) CHANDRAKALA W/O LATE M S SHIVASHANKAR AGED ABOUT 47 YEARS 1(d)(2) PRADEEP KUMAR S/O LATE M S SHIVASHANKAR AGED ABOUT 28 YEARS 1(d)(3) PRAVEEN KUMAR S/O LATE M S SHIVAKUMAR AGED ABOUT 23 YEARS 1(e) M S UMADEVI D/O LATE M S VEERABHADRAIAH AGED ABOUT 40 YEARS LR’S 1(b) TO 1(e) ARE R/AT NO. 1627, MAIN ROAD NAGARTHAPET, DODDABALLAPURA TOWN BENGALURU RURAL DISTRICT. ii. M S SHARABANNA REP. BY R SHARABANNA ii(a) SUSHEELAMMA 2 AND 2(a) SINCE DEAD BY LR’S 2. M S SHANTHAKUMAR SINCE DEAD BY LR’S 2(a) TO 2(c) 2(a) M S INDIRA W/O LATE SHANTAKUMAR AGED ABOUT 62 YEARS. 2(b) S NAVEEN KUMAR S/O LATE SHANTAKUMAR AGED ABOUT 40 YEARS. - 15 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 2(c) ASHWINI D/O LATE SHANTAKUMAR AGED ABOUT 2(a) TO 2(c) ARE R/AT 314, 14TH CROSS, PALACE ORCHARD SADASHIVANAGAR, BENGALURU-6. 3. M S DEVARAJ S/O LATE SHARABANNA DEAD BY LR’S 3(a) SMT MENAKA D/O LATE DEVARAJ AGED ABOUT 38 YEARS 3(b) SMT LAKSHMI D/O M S DEVARAJ BOTH ARE R/AT NO. 8 MANJUGIRI 3RD CROSS, APC LAYOUT VIDYARANYAPURA, BANGALORE-97. 4. M S VEERABHADRAIAH S/O LATE SHARABANNA AGED ABOUT 46 YEARS R/O NO 314, 14TH CROSS PALACE ORCHARD, SADASHIVANAGAR BANGALORE-6. 5. YASHODAMMA D/O LATE M S SHARABANNA AGED ABOUT 44 YEARS W/O SHIVARUDRAPPA NO 350, 4TH MAIN ROAD POST OFFICE ROAD, 3RD PHASE J P NAGAR, BANGALORE-78. - 16 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 6. M S PILLAPPA S/O LATE SHARABANNA 6(a) SMT PUSHPA W/O LATE M S PILLAPPA 6(b) SATISH S/O LATE M S PILLAPPA AGED ABOUT 32 YEARS 6(a) AND 6(b) ARE R/AT NO 202 IST CROSS, SOMESWARAEXTENSION DODDABALLAPURA. 6(c) SMT. SANDHYA W/O CHANDRASHEKHAR D/O LATE M S PILLAPPA AGED ABOUT 32 YEARS R/AT NO 51, 3RD MAIN DATTATREYAEXTENSION HOSAKEREHALLI, BANGALORE. 7. SMT SUNANDA D/O LATE M S SHARABANNA W/O SHIVAKUMAR SINCE DEAD BY LR’S 9(a) SHIVAKUMAR S/O B CHIKKANNA H/O SUNANDA AGED ABOUT 65 YEARS 9(b) KIRAN KUMAR S/O SHIVAKUMAR AGED ABOUT 30 YEARS - 17 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 9(c) SAVAITHA W/O VEERABHADRAIAH D/O SHIVAKUMAR 9(a) TO 9(c) ARE R/AT NO 427 OM SAI RAM 4TH MAIN, H M T LAYOUT ANANDANAGAR, BANGALORE-24. 9(d) POORNIMA W/O R UMESH D/O SHIVAKUMAR NO. 1873, BASAVAKRUPA 2ND PHASE, 6TH CROSS 18TH A MAIN, K P NAGAR BANGALORE-78. R9 TO R12 ARE LR’S OF DEFENDAT NO.7. 8. M S SIDDAPPA S/O M S SHARABANNA SINCE DEAD BY LR’S 8(a) SMT HEMALATHA W/O M S SIDDAPPA 8(b) KUM S CHETANA D/O M S SIDDAPPA AGED ABOUT 14 YEARS SINCE MINOR REP BY NEXT FRIEND 8(a) AND 8(b) R/AT BOTH ARE R/AT NO 5, BEHIND IMPACT COLLEGE KODIGEHALLI, SAHAKARANAGAR POST BANGALORE. II. M S MUDDARACHAPPA S/O LATE SHARABANNA SINCE DEAD BY LR’S - 18 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 16. SMT RATHNAMMA W/O LATE MUDDARACHAPPA AGED ABOUT 60 YEARS III. M S DODDAMUDDARACHAPPA S/O LATE SHARABANNA SINCE DEAD BY LR’S. 17. SMT MUGAVALAMMA W/O M S DODDAMUDDARACHAPPA AGED ABOUT 62 YEARS. 18. SMT VIJAYALAKSHMI W/O SHIVARUDRAPPA AGED ABOUT 38 YEARS D/O LATE DODDAMUDDURACHAPPA 19. SMT SHAKUNTALA W/O SANTHOSHKUMAR D/O LATE DODDAMUDDURACHAPPA AGED ABOUT 62 YEARS R17 TO 19 ARE R/AT NAGARATHPETE, DODDABALLAPURA TOWN BENGALURU RURAL. …RESPONDENTS (BY SRI R B SADASHIVAPPA, ADVOCATE FOR R1(b, c, e ) & R1(d1 TO 3): SRI. K M MURARI MOUNI, ADVOCATE FOR R3, R4 & R5: SRI. S VENUGOPALA, ADVOCATE FOR R2(a TO c): R6 TO R19 ARE SERVED) THIS RFA.CROB IS FILED UNDER ORDER 41 R 22 CPC AGAINST THE JUDGMENT AND DECREE DATED: 7.8.2004 PASSED IN O.S.NO.4/2002 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), DODDABALLAPUR, IN NOT DECREEING THE SUIT IN - 19 - HC-KAR NC: 2025:KHC:32287 RFA No. 1069 of 2004 C/W RFA.CROB No. 1 of 2005 RESPECT OF ITEMS 4, 5, 14, 17 TO 34 OF SUIT SCHEDULE PROPERTIES. THIS APPEAL AND CROSS OBJECTION, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT The parties have filed a memo stating that they have settled the matter out of Court and they want to withdraw the appeal as well as the cross-objection. 2. The memo dated 18.08.2025 is taken on record. 3. The appeal and the cross-objection are dismissed as withdrawn. 4. The Office is directed to return the court fee paid by the appellants as well as the cross-objectors, in favour of the appellants and cross-objectors, respectively, after due verification. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 50