- 1 - HC-KAR NC: 2025:KHC:51884 MFA No. 6724 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6724 OF 2024 (AA) BETWEEN: SR VISHWANATH ABBAIAH AGED ABOUT 42 YEARS SON OF ALTE SRI ABBAIAH RESIDING AT NO. 15/1 PUTTIAHNAPALY A 2ND MAIN ROAD, 9TH BLOCK, JAYANAGAR BENGALURU 560 069. …APPELLANT (BY SRI. VIVEK HOLLA, HOLLA AND HOLLA., ADVOCATE) AND: 1. SRI RAMA REDDY AGED ABOUT 71 YEARS SON OF SRI HANUMANTHA REDDY 2. SRI SHEKAR REDDY AGED ABOUT 58 YEARS SON OF SRI RAMA REDY 3. SMT. TEJASWI S AGED ABOUT 32YEARS DAUGHTER OF SRI H R SHEKAR REDDY 4. SRI PREETHI S AGED ABOUT 30 YEARS SON OF SRI SHEKAR REDDY H R 5. SMT. ARUNA R AGED ABOUT 46 YEARS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:51884 MFA No. 6724 of 2024 WIFE OF SRI MANJUNATH 6. SMT. PAVANA M AGED ABOUT 25 YEARS DAUGHTER OF SRI MANJUNATH H R 7. SRI HEMANTH M AGED ABOUT 22 YEARS SON OF SRI MANJUNATH H R RESPONDENT NO.1-7 ARE R/AT HALANAYAKANAHALLI VARTHUR HOBLI, CARMELARAM PO BENGALURU-560 035. 8. SRI SRINIVASA REDDY AGED ABOUT 75 YEARS SON OF SRI HANUMANTHA REDDY R/AT THUMMANAPPALLI KRISHNAGIRI 635 105 9. SMT. RADHA AGED ABOUT 62 YEARS WIFE OF SRI H SREENIVASA REDDY 10. SRI RAMESH KUMAR AGED ABOUT 42 YEARS WIFE OF SRI H SREENIVASA REDDY RESPONDENT NO.9 AND 10 ARE R/AT NO. 150, SARJAPURA ROAD NEAR WIPRO CO-OPERATE OFFICE HALANAYAKANAHALLI BENGALURU-560 035. 11. SRI KRISHNA REDDY H AGED ABOTU 74 UYEARS SON OF SRI HANUMANTHA REDDY - 3 - HC-KAR NC: 2025:KHC:51884 MFA No. 6724 of 2024 12. DR RAJESHWARI K AGED ABOUT 42 YEARS DAUGHTER OF SRI KRISHNA REDDY H 13. SRI KARTHIK K AGED ABOUT 40 YEARS SON OF SRI KRISHNA REDDY H RESPONDENT NO.11-13 ARE R/AT NO. 300 RAINBOW RESIDENCY LAYOUT JUNNASANDRA VILLAGE CARMELARAM BENGALURU 560 035 14. SRI RAMACHANDRA REDDY H AGED ABOUT 73 UYARS SON OS SRI HANUMANTHA REDDY H V R/AT 25/1A 2, HALANAYAKANAHALLI DODDAKANNALLI BENGALURU 560 035. 15. SRI RAVI SHANKAR R AGED ABOUT 43 YEARS SON OF SRI RAMACHANDRA REDDY H RESDIING AT #121 INDANE GAS OFFICE HALANAYAKANAHALLI, CARMELARAM BENGALURU 560 035. 16. SMT. CHITHRA DAUGHTER OF SRI RAMACHANDRA REDDY H WIFE OF KANTHARAJU K G RESIDING AT G-205 GREEN WOOD REGENCY APARTMENT SARJAPUR ROAD NEAR M K RETAIL SURVEY NO. 62-1 DODDAKANNALLI BENGALURU 560 035. - 4 - HC-KAR NC: 2025:KHC:51884 MFA No. 6724 of 2024 17. SRI V H GAJAPPA REDDY AGED ABOUT 69 YEARS SON OF SRI HANUMANTHA REDDY 18. SRI MANOHAR GAJAPPA AGED ABOUT 40 YEARS SON OF SRI GAJAPPA REDDY V H 19. SRI BHARATH G AGED ABOUT 38 YEARS SON OF SRI GAJAPAP REDDY V H RESPONDENT NO.17-19 ARE R/AT NO. 34/3, JUNNASANDRA VILLAGE OWNERS COURT, DODDAKANNAHALLI POST KASAVANAHALLI MAIN ROAD CARMELARAM BENGALURU 560 035. 20. SRI GOVINDA RAJU AGED ABOUT 66 YEARS SON OF LATE SRI HANUMANTHA REDDY 21. SMT. SOWMYA AGED ABOUT 35 YEARS DAUGHTER OF SRI GOVINDA RAJU 22. SRI G NAVEN KUMAR AGED ABOUT 35 YEARS SON SRI GOVINDA RAJU 23. SRI H R LOKESH REDDY AGED ABOUT 54 YEARS SON OF SRI RAMA REDDY 24. MS BHAVANA L REDDY AGED ABOUT 27 YEARS DAUGHTER OF SRI H R LOKESH REDDY - 5 - HC-KAR NC: 2025:KHC:51884 MFA No. 6724 of 2024 25. SRI UJVAL L REDDY AGED ABOUT 25 YEARS SON OF SRI H R LOKESH REDDY 26. SMT. AMRUTHA H R AGED ABOUT 56 YEARS DAUGHTER SRI H RAMAREDDY RESPONDENT NO.20 TO 26 ARE R/AT HALANAYAKANAHALLI CARMELARAM BENGALURU 560 035. 27. SMT. SUBHASHINI REDDY AGED ABOUT 43 YEARS DAUGHTER OF SRI SRINIVAS REDDY RESIDING AT 715, 19TH CROSS, 22ND MAIN, H S R LAYOUT, 2ND SECTOR BANGALORE 560 102. 28. SMT. ANJAN KUMAR VASANTHA AGED ABOUT 52 YEARS DAUGHTER OF SRI NARAYANA REDDY RESIDING AT NO. 316 10TH CROSS NEAR AGADI HOSPITAL WILSON GARDEN BANGALORE 560 027. 29. SMT. VIMALA N AGED ABOUT 53 YEARS DAUGHTER OF SRI NARAYAN REDDY RESIDING AT 300 RAINBOW RESIDENCY LAYOUT JUNNASANDRA VILLAGE CARMELARAM BENGALURU 560 035. 30. SRI RAVI KUMAR REDDY AGED ABOUT 57 YEARS - 6 - HC-KAR NC: 2025:KHC:51884 MFA No. 6724 of 2024 SON OF SRI NARAYANAMUNISWAMY REDDY RESIDING AT #143, RAINBOW RESIDENCY SARJAPURA ROAD NEAR WIPRO OFFICE JUNNASANDRA, CARMELARAM BANGALORE 560 035. 31. SRI H R NATARAJ AGED ABOUT 57 YEARS SON OF LATE SRI RUDRAPPA H R/AT NO. 812, 12TH MAINROAD VVINAYAKA LAYOUT, NAGARABHAVI 2ND STAGE, BENGALURU 560 072. …RESPONDENTS THIS MFA IS FILED U/S.37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER DT.12.09.2024 PASSED ON IA NO.2 IN A.A.NO.40/2024 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-30), ISSUING EMERGENT NOTICE ON IA NO.2 AND NOTICE ON ARBITRATION APPLICATION TO THE RESPONDENTS, THEREIN THE APPLICANT HAS FILED IA NO.2 FILED U/S.9 OF ARBITRATION AND CONCILIATION ACT, 1996 R/W ORDER 39 RULES 1 AND 2 OF CPC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Office raised objections regarding maintainability of the appeal. - 7 - HC-KAR NC: 2025:KHC:51884 MFA No. 6724 of 2024 2. At this stage, learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file fresh petition. 3. Memo is taken on record. 4. Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. 5. The time spent for prosecuting the appeal before this court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. 6. Office is directed to return the documents by placing photocopy of the appeal papers. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE AKV List No.: 1 Sl No.: 25