- 1 - HC-KAR NC: 2025:KHC:47269 RFA No. 2058 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2058 OF 2024 (DEC/INJ) BETWEEN: 1. SMT. GALAMMA, W/O LATE NARASIMHAIAH AGED ABOUT 52 YEARS 2. SMT. MAHADEVI D/O LATE NARASIMHAIAH AGED ABOUT 37 YEARS 3. SMT. NETRAVATHI D/O LATE NARASIMHAIAH AGED ABOUT 34 YEARS 4. SRI. GANESH S/O LATE NARASIMHAIAH AGED ABOUT 22 YEARS PLAINTIFF NOS. 1 TO 4 ARE RESIDENT AT NO.84 HANUMANTHAPPANA PALYA SUNKADAKATTE NEXT TO CHAMUNDESHWARI TEMPLE MAGADI MAIN ROAD BANGALORE - 560 091. 5. SRI. MURTHY.K.L. S/O SMT. POOJAMMA AND SRI. LAKSHMAIAH AGED ABOUT 41 YEARS RESIDENT OF NO.73 KATAKANAPALYA, KUTKAL HOBLI RAMANAGAR TALUK - 561 201. RAMANAGARA DISTRICT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47269 RFA No. 2058 of 2024 6. SMT. JAYALAKSHMI, D/O LATE CHINNAIAH (SHE DIED ON 14.3.2024 NO LEGAL HEIRS). SRI. KRISHNAMURTHY S/O LATE CHINNAIAH AGED ABOUT 50 YEARS RESIDENT OF NO.87 KAMBIPURA VILLAGE KUMBALAGODU POST, KENGERI HOBLI BANGALORE SOUTH TALUK, BANGALORE. 7. SRI. JYOTHAMMA, D/O LATE SRI CHINNAIAH W/O MR. CHIKKANNA AGED ABOUT 50 YEARS RESIDENT AT NO.74, 8TH CROSS NEAR MARAMMA TEMPLE, SAJJEPALYA BANGALORE NORTH TALUK BANGALORE - 560 091. …APPELLANTS (BY SRI. S RAJASHEKAR, ADVOCATE) AND: 1. SRI. RAMAKRISHNAIAH, S/O LATE POOJAPPA, AGED ABOUT 55 YEARS. 2. SMT LAKSHMIDEVAMMA D/O LATE POOJAPPA, AGED ABOUT 47 YEARS. 3. SMT. YESHODA D/O LATE POOJAPPA, AGED ABOUT 45 YEARS. RESPONDENTS NO. 1 TO 3 RESIDENT OF NO.111 KAMBIPURA VILLAGE KUMBALAGODU POST, KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE - 560 074. - 3 - HC-KAR NC: 2025:KHC:47269 RFA No. 2058 of 2024 4. SMT. K.T. NAGARATHNA, W/O LATE V.C. SHANKAREGOWDA AGED ABOUT 73 YEARS RESIDENT OF NO. 15 RAJA RAO STREET NEAR MUICIPAL FILED KANAKAPUR TOWN – 562 117. RAMANAGARA DISTRICT 5. SRI. P. KAVERAPPA S/O LATE PAPANNA AGED ABOUT 69 YEARS RESIDENT AT NO.20 SRI KRISHNA NILAYA CHIKKALASANDRA SUBRAMANYAPURAM POST BANGALORE - 560 061. …RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE IMPUGNED ORDER AGAISNT I.A NO.3 DATED:16.04.2024 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. 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 appellants submits that the appeal may be disposed of as withdrawn, reserving liberty in favour of the appellants to file appeal before the appropriate District Court and the same would be filed within a period of four days from today. It - 4 - HC-KAR NC: 2025:KHC:47269 RFA No. 2058 of 2024 is further submitted that along with the appeal, the appellants would be filing an application for temporary injunction and the jurisdictional Appellate Court may be directed to pass appropriate orders on the same as expeditiously as possible. 2. The submission is placed on record. 3. The Regular First Appeal is disposed of as withdrawn, subject to the following directions:- i) Liberty is reserved in favour of the appellants to file an appeal before the appropriate District Court. ii) Registry is directed to return back the certified copy of the judgment and decree of the Trial Court to the learned counsel for the appellants immediately without any delay. iii) The entire period commencing from the date of filing the present appeal dated 20.08.2024 till today i.e., 19.11.2025 shall be excluded by the first Appellate Court for the purpose of limitation under Section 14 of the Limitation Act. iv) Immediately upon the appellants filing the said appeal along with the application for temporary injunction, the - 5 - HC-KAR NC: 2025:KHC:47269 RFA No. 2058 of 2024 first Appellate Court shall consider the said application and pass appropriate orders on the application for temporary injunction within a period of three days from the date on which the appeal gets posted before the first Appellate Court. Ordered accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE Bss List No.: 1 Sl No.: 54