- 1 - HC-KAR NC: 2025:KHC:44069 RFA No. 992 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 992 OF 2022 (PAR) BETWEEN: M/S EPSILON VENTURES PRIVATE LIMITED, A COMPANY INCORPORATED HAVING ITS OFFICE AT NO.2, WALTON ROAD, BANGALORE-560001. REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, D. M. GANAPRAKASH …APPELLANT (BY SMT. LATHA S. SHETTY, ADVOCATE) AND: 1. SMT MAHALAKSHMI, D/O P. NARAYANAPPA, AGED ABOUT 38 YEARS, R/AT NO.976/31, 4TH CROSS, KOTHUR VIJINAPURA, BANGALORE-16. 2. SMT PREMA, D/O P NARAYANAPPA, AGED ABOUT 36 YEARS, R/AT NO.54, 4TH CROSS, LAKKASANDRA, BANGALORE-30 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44069 RFA No. 992 of 2022 3. SRI P. NARAYANAPPA S/O LATE PAPAPANNA, AGED ABOUT 78 YEARS, R/AT NO.206, YAMALUR VILLAGE, VARTHUR HOBLI, BANGALORE-37, (DIED ON 7-12-2020 AFTER PASSING OF JUDGEMENT BY TRIAL COURT SINCE DEAD BY HIS LRS.,) SMT. SAROJAMMA, W/O LATE P NARAYANAPPA, AGED ABOUT 60 YEARS, R/AT NO.431/92, 2ND MAIN, 6TH CROSS, MUTHRAYA SWAMY LAYOUT, HULIMAVU, BENGALURU-560076. 4. SRI. SHANKAR KUMAR S/O P NARAYANAPPA, AGED ABOUT 46 YEARS, 5. SRI. PRADEEP KUMAR S/O P NARAYANAPPA, AGED ABOUT 43 YEARS, NO. 4 AND 5 ARE RESIDENTS OF NO.206, YAMALUR VILLAGE, VARTHUR HOBLI, BANGALORE-37. 6. M/S. SAI SMARAN CONSTRUCTION REPRESENTED BY ITS PARTNER, SRI P BHAKTAVATSALA REDDY, NO.158/1, 1ST CROSS, MARIYAPPA LAYOUT, CHELAKERE VILLAGE, (MEGANAPALYA) KALYANA NAGAR POST, BANGALORE-560043. - 3 - HC-KAR NC: 2025:KHC:44069 RFA No. 992 of 2022 7. SRI PARAS SURI, S/O DEVRAJ SURI, AGED ABOUT 66 YEARS, R/AT NO,.775, 100 FEET ROAD, HAL II STAGE, INDIRANAGAR, BANGALORE-560 038. 8. SRI. RAJU M MATHANEY, S/O LATE MOHAN DAS MATHANEY, NO.B-2, YEMLUR HOME OWNERS ASSOCIATION, YAMALUR VILLAGE MAIN ROAD, YAMALUR POST, BANGALORE-560 037. 9. SMT. PADMAVATHI, D/O P NARAYANAPPA, W/O. K. GOPAL, AGED ABOUT 56 YEARS, R/OF NO.2189, 3RD CROSS, BHAIRAVESHWARA NILAYA, KUVEMPU NAGAR, VIJINAPURA, BANGALORE-16. 10. MR SURESH SUD, S/O MR. M. M. SUD, AGED ABOUT 61 YEARS, R/AT VILLA NO.D-1, EPSILON, YEMLUR HOME OWNERS ASSOCIATION, YEMLUR MAIN ROAD, BEHIND OLD AIRPORT, BANGALORE-560037. 11. SMT PAPAMMA, W/O. KRISHNAPPA, DIED DURING THE PENDENCY OF THE SUIT (LRS RESPONDENT NO. 12 TO 15 ARE ON RECORD) 12. SMT. SAROJAMMA, D/O KRISHNAPPA, AGED ABOUT 68 YEARS, - 4 - HC-KAR NC: 2025:KHC:44069 RFA No. 992 of 2022 13. SRI GOPAL, S/O KRISHNAPPA, AGED ABOUT 64 YEARS, 14. SMT BHAGIRATHI D/O KRISHNAPPA, AGED ABOUT 61 YEARS, 15. SMT RADHA D/O KRISHNAPPA, AGED ABOUT 58 YEARS, RESPONDENTS NO. 11 TO 15 ARE RESIDENT OF NO.2189, KUVEMPU LAYOUT, VIJINAPURA (KOTTUR) DOORAVANI NAGAR POST, K R PURAM HOBLI, BANGALORE-560 016. …RESPONDENTS (BY SRI. A.C. PATIL, ADVOCATE FOR R1 AND R2) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.11.2020 PASSED IN OS No.17836/2005 ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE MAYOHALL BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 5 - HC-KAR NC: 2025:KHC:44069 RFA No. 992 of 2022 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw the petition. The aforesaid memo is placed on record. Accordingly, the appeal is dismissed as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 15