- 1 - HC-KAR NC: 2025:KHC:33313 MFA No. 5927 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5927 OF 2019 (CPC) BETWEEN: SMT. T. BHARATHI AGED ABOUT 53 YEARS, D/O M. THANIKCHALAM, R/AT NO.K-24, YERRAPPA BLOCK, SRIRAMPURAM, BENGALURU - 560 021. AND PRESENTLY R/AT NO.509, HOUSE LIST NO.53/5Q, SITUATED AT HULIMAVU VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK - 560 076. …APPELLANT (BY SRI. K.K. VASANTH, ADVOCATE) AND: 1. SRI. RAKESH KUMAR AGED ABOUT 33 YEARS, S/O CHINNA REDDY, R/AT NO.53/5P, SAI ARCADE, KRISHNA LAYOUT, HULIMAVU, BANNERGHATTA ROAD, BENGALURU - 560 076. 2. SRI H.N. CHINNA REDDY S/O LATE NARAYANA REDDY, AGED ABOUT 61 YEARS 3. SRI NAVEEN S/O LATE H.N.CHINNA REDDY, AGED ABOUT 35 YEARS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33313 MFA No. 5927 of 2019 4. MISS. RAJEETHA D/O LATE H.N.CHINNA REDDY, AGED ABOUT 37 YEARS THE RESPONDENTS 2 TO 4 ARE R/AT T.RAMAIAH GARDEN, HULIMAVU VILLAGE, BEGUR HOBLI, BENGALURU SOUTH - 560 076. 5. SRI. A. PRAKASH AGED ABOUT 64 YEARS, S/O LATE SRI. ANNAIAH REDDY, R/AT NO.38/16, 12TH CROSS, 4TH MAIN, WILSON GARDEN, BENGALURU - 560 030. 6. SRI. A NARAYAN REDDY AGED ABOUT 81 YEARS, S/O LATE SRI. ANNAIAH REDDY, R/AT NO.71, 34TH MAIN, 4TH A CROSS, BTM DOLLARS SCHEME, OLD MADIVALA, BENGALURU - 560 068. …RESPONDENTS (VIDE ORDER DATED 28.02.2024, NOTICE TO R1 IS HELD SUFFICIENT; VIDE ORDER DATED 24.09.2019, NOTICE TO R2 TO R6 IS DISPENSED WITH) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 20.04.2019 PASSED ON IA NO.3 IN O.S.NO.3298/2018 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, CCH-19, DISMISSING IA NO.3 FILED U/O.39 RULE 1&2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 3 - HC-KAR NC: 2025:KHC:33313 MFA No. 5927 of 2019 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal. Memo is taken on record. Accordingly, the Miscellaneous *First Appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 40 CT: BHK * corrected vide chamber order dated 11.09.2025