- 1 - HC-KAR NC: 2025:KHC:53090 CRP No. 544 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No. 544 OF 2023 (IO) BETWEEN: SRI. S.N. MAHESHA, S/O LATE VENKATESHAIAH, AGED ABOUT 47 YEARS, R/AT NO. 202, 7TH MAIN ROAD, RAGHAVENDRANAGAR MYSURU - 570 011 …PETITIONER (BY SRI K R LINGARAJU, ADVOCATE) AND: 1. SRI. BEERAIAH, S/O LATE BELAGEGOWDA @ BELAGAIAH @ BELAGA AND LATE SMT.MADAMMA AGED ABOUT 75 YEARS, 2. SMT. BANNAMMA W/O BEERAIAH AGED ABOUT 69 YEARS, 3. SRI. CHANDRASWAMY S/O BEERAIAH AND SMT. BANNAMMA AGED ABOUT 45 YEARS, 4. SRI. MAHADEVA S/O BEERAIAH AND SMT. BANNAMMA AGED ABOUT 42 YEARS, 5. SRI. RAVI S/O BEERAIAH AND SMT. BANNAMMA AGED ABOUT 41 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53090 CRP No. 544 of 2023 6. SMT. MEENAKSHI W/O KUMARA D/O BEERAIAH AND SMT. BANNAMMA AGED ABOUT 39 YEARS, 7. SRI. BEEREGOWDA S/O BEERAIAH AND SMT. BANNAMMA AGED ABOUT 37 YEARS, RESPONDENT NOS.1 TO 7 ARE R/O 4794, 5TH CROSS, SHIVAJI ROAD, MARATI BLOCK, N.R MOHALLA MYSURU -570 007 8. SMT. KEMPAMMA W/O RAMAIAH, D/O LATE BELAGEGOWDA @ BELAGAIAH @ BELAGA AND LATE SMT. MADAMMA AGED ABOUT 71 YEARS 9. SRI. RAMAIAH S/O LATE SIDDAIAH AGED ABOUT 77 YEARS, 10. SRI. SURESHA S/O SMT. KEMPAMMA AND RAMAIAH AGED ABOUT 50 YEARS, 11. KUM. NANJAMMA D/O SMT. KEMPAMMA AND RAMAIAH AGED ABOUT 48 YEARS, 12. SMT. GOWRAMMA W/O LATE SRINIVAS D/O SMT. KEMPAMMA AND RAMAIAH, AGED ABOUT 43 YEARS, R/AT MOODAHALLI, C CHTRA HOBLI, NANJANAGUD TALUK - 3 - HC-KAR NC: 2025:KHC:53090 CRP No. 544 of 2023 MYSURU DISTRICT - 571 302 13. SRI KUMARASWAMY S/O SMT KEMPAMMA AND RAMAIAH AGED ABOUT 41 YEARS 14. SMT DEEPA W/O VISHWANATHA D/O SMT KEMPAMMA AND RAMAIAH AGED ABOUT 39 YEARS R/AT BANCHALLIHUNDI CHIKKAIHANA CHIATRA HOBLI NANAJANGUD TALUK MYSURU DISTRICT -571302 15. SMT SOWMYA W/O KUMARASWAMY D/O LATE KALASAIAH ALIAS KALASEGOWDA AND LATE SMT MANJULA AGED ABOUT 27 YEARS RESPONDENTS NO.8 TO 11, 13 TO 15 ARE R/O SAJJEEHUNDI VILLAGE JANATHAGALLI DHAKALE VARUNA HOBLI MYSURU TALUK AND DISTRICT 571311 16. SMT.ANUSHA W/O KUMARA D/O LATE KALASAIAH ALIAS KALASEGOWDA AND SMT MANJULA AGED ABOUT 24 YEARS R/O RAGIBOMMANAHALLI KASABA HOBLI MALAVALLI TALUK MANDYA DISTRICT -571430 17. SMT MANGALAMMA ALIS MANGALAMMA W/O D S LAKSHMINARAYANA RAO AGED ABOUT 62 YEARS R/AT D.NO.40, AMRUTHESHWARANAHALLI - 4 - HC-KAR NC: 2025:KHC:53090 CRP No. 544 of 2023 MALAVALLI TALUK MANDYA DISTRICT -571430 18. SRI BALASUBRAMANYAM S/O D A PAMANABHA DAS AGED ABOUT 30 YEARS WORKING AT ESS AND ESS INFRASTRUCTURE PVT., LTD., OFFICE AT GAGANACHUMBI DOUBLE ROAD “K” BLOCK, KUVEMPUNAGARA MYSURU DISTRICT – 570 023 19. SRI SRIKANTH DAS S/O LATE ASWATHNARAYANA RAO AGED ABOUT 49 YEARS R/AT NO.434, 3RD STAGE CONTOOR ROAD, GOKULAM VANIVILASA MOHALLA MYSURU -570002 PROPRIETOR –ESS & ESS INFRASTRUCTURE PVT., OFFICES AT SRI CHAMBERS OLD NO.155, NEW NO.53 2ND FLOOR, OPP., NETTEKALLAPPA BUS STOP SUBBARAMACHETTY ROAD BASAVANAGUDI, BENGALURU – 560 004 GAGANACHUMBI DOUBLE ROAD ‘K’ BLOCK, KUVEMPUNAGARA MYSURU – 570 023 PROPRIETOR :- SAHA DEVELOPERS OFFICE AT NO.13, 1ST FLOOR, NEW UDAYARAVI MAIN ROAD, JT., KOPPAL, KUVEMPUNAGAR, MYSURU – 570 023 20. SMT PUTTAMMA - 5 - HC-KAR NC: 2025:KHC:53090 CRP No. 544 of 2023 W/O LATE KALASAIAH ALIS KALASEGOWDA AGED ABOUT 66 YEARS 21. SRI K SHANKARA S/O LATE KALASAIAH ALIAS KALASEGOWDA AND SMT. PUTTAMMA AGED ABOUT 43 YEARS 22. SMT J DAKSHAYANI W/O K SHANKARA AGED ABOUT 38 YEARS 23. MASTER S GANESHA S/O K SHANKARA AND J DAKSHYINI AGED ABOUT 14 YEARS 24. MASTER S SUBRAMANYA S/O K SHANKARA AND J DASKHAYINI AGED ABOUT 9 YEARS RESPONDENTS NO.23 AND 24 MINORS REPRESENTED BY RESPONDENT NO.21 THE RESPONDENTS NO.20 TO 24 ARE R/O NO.447/95, 1ST FLOOR 17TH CROSS, 4TH MAIN VIDYARANAYAPURAM MYSURU -570008. …RESPONDENTS [BY SRI MANJUNATH HEGDE, ADVOCATE FOR R20 TO R24 (R23 AND R24 ARE MINORS REP. BY R21) VIDE ORDER DATED 18.06.2024 NOTICE TO R2, R7, R8, R10, R11 TO R16 AND R18 ARE DISPENSED WITH; VIDE ORDER DATED 13.08.2024, NOTICE TO R1, R4, R5, R6 & R19 ARE HELD SUFFICIENT; VIDE ORDER DATED 18.06.2024, R9 IS DECEASED NO REQUIREMENT TO BRING LR’S OF DECEASED R9] - 6 - HC-KAR NC: 2025:KHC:53090 CRP No. 544 of 2023 THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 02.02.2023 PASSED ON I.A.NO.3 IN O.S.NO.127/2022 ON THE FILE OF THE V ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC, MYSURU, REJECTING THE I.A.NO.3 FILED UNDER ORDER VII RULE 11(d) R/W SECTION 151 OF CODE OF CIVIL PROCEDURE FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments at length, learned counsel for the revision petitioner files a memo, which reads as under: “That under the instruction of the petitioner, it is seeks leave of this Hon’ble Court to withdraw the present petition to dismissed as withdrawn. Hence, this memo in the interest of justice and equity.” Placing the memo on record, Civil Revision Petition is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 50