- 1 - HC-KAR NC: 2025:KHC:53245 RFA No. 227 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 227 OF 2019 (INJ) BETWEEN: 1. SRI. C. M. ESHWAR SWAROOP S/O. SRI. C. MUNIKRISHNA, AGED ABOUT 25 YEARS, R/AT NO. 1, MATHURSHREE NILAYA, 7TH CROSS, CIL LAYOUT, CHOLANAYAKANAHALLI, R.T. NAGAR POST, BANGALORE - 560 032. 2. SRI. C. S. SURAYAKANTHA RAO S/O. LATE SRI. SRINIVASA RAO, AGED ABOUT 58 YEARS, RESIDING AT NO.102, 7TH CROSS, WILLIAMS TOWN EXTENSION, BENSON TOWN, BANGALORE - 560 046. 3. SRI. R. RAVINDRA RAO S/O. SRI. G. RATNOJI RAO, AGED ABOUT 50 YEARS, R/AT NO. 120, MACCAN ROAD, SHIVAJINAGAR, BANGALORE - 560 001. …APPELLANTS (BY SRI. B.J. JANARDHANA REDDY, ADVOCATE) AND: 1. SRI. MR. RIYAZ AHMED S/O. ABDUL JABBAR, AGED ABOUT 57 YEARS, R/AT NO. 39, 2ND FLOOR, SIRSI ROAD, 6TH CROSS, CHAMARAJPET, BANGALORE - 560 018. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53245 RFA No. 227 of 2019 2. SRI. LAKSHMIPATHY BABU S/O. LATE SRI. NARASIMHAIAH, AGED ABOUT 66 YEARS, R/AT NO. 242, 1ST CROSS, 2ND BLOCK, 3RD STAGE, BSK, BANGALORE - 560 085. 3. THE COMMISSIONER, BBMP HUDSON CIRCLE, N.R. ROAD, BANGALORE - 560 001. 4. THE ASSISTANT REVENUE OFFICER BBMP WARD NO. 62, (OLD NO. 92), QUEENS ROAD, BANGALORE - 560 046. …RESPONDENTS (BY SRI. SYED SALMAN KHOMEINI, ADVOCATE FOR R1; SRI. A. JAGANATH, ADVOCATE FOR R3 AND R4; R2 - NOTICE SERVED) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 02.11.2018 PASSED ON IN NO.3 IN OS NO.26470/2014 ON THE FILE OF THE LXXII ADDL.CITY CIVIL AND SESSIONS JUDGE, [CCH-73], BENGALURU PARTLY ALLOWING THE IA NO.3 FILED UNDER ORDER VII RULE 11[a] CPC. FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 3 - HC-KAR NC: 2025:KHC:53245 RFA No. 227 of 2019 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file comprehensive suit against the present purchasers. In view of the memo, the appeal is dismissed as withdrawn with liberty as prayed for in the memo. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 2 Sl No.: 12