- 1 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9430 OF 2024 (GM-CPC) BETWEEN: SMT. SUSHEELLAMMA, AGED ABOUT 63 YEARS, D/O LATE MUNIVENKATAPPA, W/O L.V. JAYARAMA REDDY, R/AT NO. 2/35, V.S.T ROAD, DIVISION NO. 49, LINGARAJPURA VILLAGE, BENGALURU NORTH TALUK, BENGALURU – 560 084. [SENIOR CITIZEN BENEFIT NOT CLAIMED]. …PETITIONER (BY SRI. SHASHI KUMAR G.V., ADVOCATE) AND: 1. SMT. AKKAYAMMA, W/O LATE MUNIVENKATAPPA, AGED ABOUT 75 YEARS, R/AT NO.1/64, VENUGOPALSWAMY TEMPLE STREET, LINGARAJAPURAM, ST. THOMAS TOWN POST, BENGALURU – 560 084. 2. SRI. VENKATESH REDDY, S/O LATE MUNIVENKATAPPA, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 AGED ABOUT 59 YEARS, R/AT KAMMANNAHALLI MAIN ROAD, LINGARAJAPURA ROAD, R.S. PALYA, BENGALURU – 560 033. 3. SMT. VENKATALAXMI, W/O GURUMURTHY REDDY, D/O LATE MUNIVENKATAPPA, AGED ABOUT 57 YEARS, SATHYAMURTHY ROAD, R.S.PALYA, LINGARAJAPURAM LAYOUT, BENGALURU – 560 033. 4. SRI. RAMAMURTHY, S/O LATE MUNIVENKATAPPA, AGED ABOUT 55 YEARS, SATHYAMURTHY ROAD, R.S.PALYA, LINGARAJAPURAM LAYOUT, BENGALURU – 560 033. 5. SMT. CHIKKA AMMAIAH, W/O SHASHIKUMAR, D/O LATE MUNIVENKATAPPA, AGED ABOUT 53 YEARS, SATHYAMURTHY ROAD, LINGARAJAPURA LAYOUT, BENGALURU – 560 033. 6. SRI. CHANDRASHEKAR, S/O LATE MUNIVENKATAPPA, AGED ABOUT 51 YEARS, R/AT NO.1/64, - 3 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 V.S.T ROAD, LINGARAJAPURAM, BANGALORE 560 084. SRI M.SATHYAPPA REDDY SINCE DECEASED REP BY HIS LRS 7. SMT. NAGARATHNA, W/O LATE M.SATHYAPPA REDDY, AGED ABOUT 65 YEARS. 8. SRI. SOMASHEKAR REDDY, S/O LATE M. SATHYAPPA REDDY, AGED ABOUT 46 YEARS. 9. SRI. PRABHAKAR REDDY, S/O LATE M. SATHYAPPA REDDY, AGED ABOUT 44 YEARS. 10. SRI. SURESH REDDY, S/O LATE M. SATHYAPPA REDDY, AGED ABOUT 42 YEARS. 11. SMT. KAVITHA, D/O LATE M. SATHYAPPA REDDY, AGED ABOUT 40 YEARS. RESPONDENTS 7 TO 11 ARE R/AT NO.1/111, LINGARAJAPURAM, ST. THOMAS TOWN, BENGALURU – 560 084. SRI M. MUNIRAJU, SINCE DECEASED REPRESENTED BY HIS LRS. - 4 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 12. SMT. MUNIRATHNA, W/O LATE MUNIRAJU, AGED ABOUT 58 YEARS. 13. SMT. SARALA, D/O LATE MUNIRAJU, AGED ABOUT 58 YEARS. 14. SMT. CHITHRA, D/O LATE MUNIRAJU, AGED ABOUT 35 YEARS, 15. SRI. SHIVPRASAD, W/O LATE MUNIRAJU, AGED ABOUT 32 YEARS, RESPONDENTS 12 TO 15 ARE R/AT NO.8, LINGARAJAPURAM EXTENSION, R.S. PALYA, KAMMANAHALLI MAIN ROAD, BANGALORE 560 033. 16. SRI. M. KRISHNAPPA, S/O LATE MUNIVENKATAPPA, AGED ABOUT 71 YEARS, RESIDING AT KAMMANAHALLI MAIN ROAD, BANGALORE 560 033. 17. SRI. M. NARAYANA, S/O LATE MUNIVENKATAPPA, AGED ABOUT 69 YEARS, RESIDING AT KAMMANAHALLI MAIN ROAD,, - 5 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 R S PALYA, LINGARAJAPURAM EXTENSION, BANGLAORE 560 033. 18. SRI. M. SRINIVASA REDDY, S/O LATE MUNIVENKATAPPA, AGED ABOUT 67 YEARS, RESIDING AT KAMMANAHALLI MAIN ROAD, LINGARAJAPURAM LAYOUT, R.S. PALYA, BANGLAORE 560 033. 19. SMT. RANJINI, W/O Y.L. MANJUNATH, AGED ABOUT 42 YEARS, R/AT NO. 26, SAYMURTHY RAOD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 20. SRI. S. SARAVANA, S/O SRI. SUNDARAM, AGED ABOUT 34 YEARS, R/AT NO. 65, SAYMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 21. SRI. VINODH, AGED ABOUT 46 YEARS, RA/T SITE NO. 24, SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, - 6 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 BANGALORE 560 033. 22. MARLIN MURTHY, W/O MURTHY, AGED ABOUT 50 YEARS, R/AT HOUSE NO. 32, 8TH CROSS, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 23. MRS. UMA, W/O CHANDRASHEKAR, AGED ABOUT 49 YEARS, R/AT HOUSE NO.19, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGLAORE 560 033. 24. SRI. SHIVRAJKUMAR, AGED ABOUT 50 YEARS, S/O LATE CHANDRAPPA, R/AT NO.1, J.V. SHETTY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 25. SRI. SRINIVAS REDDY, AGED ABOUT 66 YEARS, S/O MUNIVENKATAPPA, R/AT NO. 161, SITE NO.12, SATHYAMURTHY ROAD, - 7 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR, BANGALORE 560 033. 26. SRI. D. ASHOK, S/O K.M. DORAISWAMY ACHARI, AGED ABOUT 58 YEARS, R/AT NO.10, 5TH CROSS, N.K. PALYA, SHIVAJI ROAD, SHIVAJINAGAR, BANGALORE 560 001. 27. SRI. K.S. SATISH, AGED ABOUT 43 YEARS, S/O KEMPANNA, R/AT NO.9, 2ND CROSS, BEERAPPA ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 28. SRI. SHEKAR, AGED ABOUT 54 YEARS, S/O SABHAPATHI, R/AT SITE NO.20, SATHYAMURTHY ROAD, R.S. PALYA, 7TH CROSS, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, BANGALORE 560 033. 29. SMT. LAKSHMAMMA, AGED ABOUT 49 YEARS, W/O BABU, R/AT HOUSE NO.23, SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, - 8 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 M.S. NAGAR POST, BANGALORE 560 033. 30. SRI. GURUMURTHY REDDY, AGED ABOUT 58 YEARS, R/AT NO. 14, SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, BANGALORE 560 033. 31. SMT. CHANDRAKALA, AGED ABOUT 54 YEARS, W/O SUNDARAM, R/AT NO. 65, KAMMANAHALLI MAIN ROAD, R.S PALYA, M.S. NAGAR POST, BANGALORE 560 033. 32. SRI. LOKESH, AGED ABOUT 59 YEARS, S/O SRI. GOPALAKRISHNA, R/AT NO. 137, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 33. SMT.MALLIGA, AGED ABOUT 52 YEARS, W/O SRI. NAGARAJU, R/AT NO.17, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 34. SRI. MANJUNATH, - 9 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 AGED ABOUT 56 YEARS, R/AT NO. 26, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 35. MRS. CHALAPATHI PADMAVATHI, AGED ABOUT 64 YEARS, R/AT SITE NO.16, NO. 41A, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 36. DR. ASHWINI ASHOK, AGED ABOUT 56 YEARS, W/O ASHOK KUMAR, R/AT PADMA CLINIC, NO.41, SITE NO. 147, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 37. SRI. STEPHEN, S/O DEVANESAN, AGED ABOUT 64 YEARS, RA/T NO.13, SITE NO.7, SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, BANGALORE 560 033. 38. SRI. CHANDRASEKHAR JAYANTHI, S/O DEVAN BHAVANDUR, AGED ABOUT 64 YEARS, R/AT NO.16, SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, - 10 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 M.S. NAGAR POST, BANGALORE 560 033. 39. SMT. THANGAMANI, D/O MOHAN, AGED ABOUT 54 YEARS, R/AT NO.16A, SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, BANGALORE 560 033. 40. MRS.SHIVAGAMI, W/O RAVI, AGED ABOUT 58 YEARS, RA/T SITE NO. 16B, SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, BANGALORE 560 033. 41. SRI. SHANKAR, S/O SABAPATHY, AGED ABOUT 59 YEARS, RA/T NO. 107, 8TH CROSS, SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, BANGALORE 560 033. 42. SRI. RAJENDRA, S/O CHINNAKANU, AGED ABOUT 44 YEARS, R/AT NO.107, SITE NO.31 A, - 11 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, BANGALORE 560 033. 43. SRI. AROGIASWAMY, S/O ROYAPPA, AGED ABOUT 76 YEARS, R/AT NO. 31, SITE NO. 27, MARIAM NIVASA, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 44. SRI. VENUGOPAL, S/O SATHYANARAYANA, AGED ABOUT 59 YEARS, R/AT NO. 15A, SATHYAMURTHY ROAD, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 45. SRI.D. SELVAKUMAR, S/O S.D. MURTHY, AGED ABOUT 51 YEARS, R/AT NO.39, MAIN CHANNEL ROAD, S.G. LAYOUT, ULSOOR, BANGALORE 560 008. 46. SRI. LAXMAN, AGED ABOUT 62 YEARS, R/AT NO.22, SATHYAMURTHY ROAD, - 12 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 8TH CROSS, R.S. PALYA, M.S. NAGAR POST, BANGALORE 560 033. 47. SRI. SURESH, AGED ABOUT 49 YEARS, S/O LATE CHANDAPPA, RA/T 5TH CROSS, SATHYAMURTHY ROAD, R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, BANGALORE 560 033. 48. SMT. DURGAMMA, W/O MANJUNATH, AGED ABOUT 44 YEARS, R/AT NO.2/27, LINGARAJUPURAM, ST. THOMAS TOWN POST, BANGALORE 560 084. 49. SMT. SASHIKALA, C/O LAKSHMIAMMA, W/O AMAN KHAN, AGED ABOUT 54 YEARS, R/AT NO.2/83/A, NEAR GOVT. SCHOOL, LINGARAJUPURAM, ST. THOMAS TOWN POST, BANGALORE 560 084. 50. MR. T. CYRIL SAMSON, S/O THERESANATHAN, AGED ABOUT 34 YEARS, - 13 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 R/AT NO.48, ARUL NILAYAM, SATHYAMURTHY CROSS, R.S. PALYA, KAMMANAHALLI MAIN ROAD, M.S. NAGAR POST, BANGALORE 560 033. …RESPONDENTS (V/O DATED 27/03/2024, NOTICE TO R1 TO 18 IS D/W; R19, R20, R27, R30, R31, R32, R34, R36, R37, R39, R41, R42 AND R45 ARE SERVED AND UNREPRESENTED.) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTON OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 01.02.2024 PASSED BY THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-6) BENGALURU IN O.S.NO. 8416/2012 AND ALLOW THE I.A. NO.11 FILED UNDER ORDER 1 RULE 10(2) OF THE CODE OF CIVIL PROCEDURE 1908 VIDE ANNEXURE-A2 AND TO PASS ANY SUCH OTHER ORDER/S OR RELIEF/S AS THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 14 - HC-KAR NC: 2025:KHC:35716 WP No. 9430 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "It is submitted that, the petitioner herein who is the plaintiff in O.S.No.8416/2012, pending on the file of The City Civil Judge, at Bengaluru, CCH-6, intends to withdraw the same by filing an application under Order XXIII Rule 1 of the Code of Civil Procedure 1908. Hence, the petitioner prays that this Hon'ble Court may kindly be pleased to dismiss the present petition as not pressed in the interest of justice." In the light of the said memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 21