- 1 - HC-KAR NC: 2025:KHC:28518-DB RFA No. 70 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 70 OF 2024 (PAR) BETWEEN: SRI. M. NARAYANASWAMY S/O LATE SRI. MUNIYAPPA AGED ABOUT 53 YEARS R/AT. BILLAMARANAHALLI VILLAGE JALA HOBLI BENGALURU NORTH TALUK-562 157 …APPELLANT (BY SRI. B.K. CHANDRASHEKAR, ADVOCATE) AND: 1. SRI. K.N. ATUL KUMAR S/O SRI. K.N. BANGERA AGED ABOUT 58 YEARS 2. SMT. BABITHA A. AMIN W/O SRI. K.N. ATUL KUMAR D/O SRI. ANANDA AMIN AGED ABOUT 53 YEARS RESPONDENTS No.1 & 2 ARE R/AT No.26/3, 4TH CROSS 3RD FLOOR, 4TH BLOCK JAYANAGAR, BENGALURU-560 061 3. SMT. LAKSHMIKANTHAMMA W/O LATE SRI. M. MANJUNATH Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28518-DB RFA No. 70 of 2024 AGED ABOUT 61 YEARS 4. SRI. MANOJ KUMAR S/O LATE SRI. M. MANJUNATH AGED ABOUT 38 YEARS RESPONDENTS No.3 & 4 ARE R/AT SONNAPANAHALLI BETTAHALASOOR CROSS BENGALURU NORTH BENGALURU-562 157 NOW R/AT BILLAMARANAHALLI VILLAGE JALA HOBLI BETTAHALASOOR POST BENGALURU NORTH BENGALURU-562 157 5. SRI. VISWANATH S/O LATE SRI MUNIYAPPA AGED ABOUT 56 YEARS BILLAMARANAHALLI VILLAGE BETTAHALSOOR CROSS BENGALURU NORTH BENGALURU-562 157 6. SMT. PARVATHAMMA D/O LATE SRI. MUNIYAPPA AGED ABOUT 63 YEARS W/O SRI. T. GOPAL R/O No.99 KALLUDI VILLAGE AND POST GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT-561 208 NOW R/AT SRI VARI NILAYA KAREKALHALLI GANESHA TEMPLE ROAD NEAR LIBRARY, GOWRIBIDANUR CHIKKABALLAPUR DIST.-561 208 - 3 - HC-KAR NC: 2025:KHC:28518-DB RFA No. 70 of 2024 7. SMT. KANYAKUMARI D/O LATE SRI. MUNIYAPPA W/O VENUGOPALA NAYAK AGED ABOUT 58 YEARS No.781, 'A' BLOCK SAHAKARANAGAR POLICE STATION ROAD BENGALURU-92 NOW R/AT No.3 CHANDRA NIVAS 13TH MAIN ROAD RMV EXTENSION SADASHIVANAGAR BENGALURU-560 080 8. SMT. PADMAVATHI W/O LATE SRI. SRINIVAS AGED ABOUT 61 YEARS 9. SMT. ASHWINI D/O LATE SRI. SRINIVAS AGED ABOUT 33 YEARS 10. SRI SUPRAJA S/O LATE SRI. SRINIVAS AGED ABOUT 32 YEARS RESPONDENTS No.8 TO 10 ARE R/AT. 1ST MAIN ROAD 24TH CROSS, MARUTHI NAGAR YELAHANKA OLD TOWN VENKATALA BENGALURU-560 064 NOW R/AT BILLAMARANAHALLI VILLAGE JALA HOBLI BETTAHALASOOR POST BENGALURU NORTH BENGALURU-562 157 - 4 - HC-KAR NC: 2025:KHC:28518-DB RFA No. 70 of 2024 11. SRI. SUMAN RAO JIBHAI PATEL S/O SRI. RAO JIBHAI PATEL AGED ABOUT 75 YEARS R/AT No.14 RAYMOND AVENUE SOUTH WOOD FORD LONDON E 182 H.G. PRESENTLY CAMPING AT No.7/15, BERLIE STREET CROSS SHANTHINAGAR BENGALURU-560 025 …RESPONDENTS (BY SRI. A. CHANDRACHUD, ADVOCATE FOR R1 & R2; SRI. R. CHANDRASHEKAR, ADVOCATE FOR R3 & R4; SRI. G.R. VENKATESH MURTHY, ADVOCATE FOR R5; SRI. D.V. SADASHIVAREDDY, ADVCOATE FOR R6; SRI. TUSHAR ANAND, ADVOCATE FOR R7 TO R10) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 02.11.2023 PASSED IN OS.No.377/2011 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, C/C OF IIND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant has filed a memo seeking to withdraw the appeal. The memo is duly signed - 5 - HC-KAR NC: 2025:KHC:28518-DB RFA No. 70 of 2024 by learned counsel for the appellant as well as the appellant. 2. Though the learned counsel for respondent No.5 submits that he may be permitted to be transposed as appellant in the appeal, we find that the suit for partition filed by the appellant herein has been dismissed. In case defendant No.5 has contentions with regard to partition, it is open for him to approach the appropriate Court and file a fresh suit, which would be unaffected by the dismissal of this appeal as well as the suit. 3. The appeal is dismissed as withdrawn without prejudice to the rights and contentions of other parties. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 59