- 1 - HC-KAR NC: 2025:KHC:43308 MFA No. 6755 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6755 OF 2025 (CPC-) BETWEEN: 1. SMT A GOWRAMMA W/O LATE RAMAIAH P AGED ABOUT 73 YEARS, 2. R MANJULA D/O LATE P RAMAIAH AGED ABOUT 51 YEARS, 3. SRINIVAS S/O LATE P RAMAIAH AGED ABOUT 45 YEARS, 4. MASTER ABILASH S/O R SRINIVAS AGED ABOUT 21 YEARS, 5. KUMARI SWETHA S/O SRINIVAS AGED ABOUT 18 YEARS 6. R SOMASHEKAR S/O LATE P RAMAIAH AGED ABOUT 41 YEARS 7. MASTER SUJAN S/O SOMASHEKAR AGED ABOUT 17 YEARS 8. KUMARI CHAYTHANYA D/O R SOMASHEKAR AGED ABOUT 13 YEARS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43308 MFA No. 6755 of 2025 APPELLANTS NO.7 AND 8 ARE MINORS REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN APPELLANT NO.6. APPELLANTS 1 TO 8 ARE RESIDING AT THIRUMALA SHETTAHALLI VILLAGE ANUGONDANAHALLI HOBLI, HOSKOTE TALUK BANGALORE-560 067 9. B N SUMANAGALA S/O K RAJESH AGED ABOUT 37 YEARS R/AT DODDAGATTIGANABBI KASABA HOBLI HOSKOTE TALUK BENGALURU-562114 …APPELLANTS (BY SRI. DEVARAJ N., ADVOCATE) AND: 1. RAVIKUMAR S S/O SHAMANNA AGED ABOUT 32 YEARS R/A NO.105, 2ND CROSS MEDAHALLI NEAR GANESHA TEMPLE BENGALURU 560049 2. AKKAYAMMA W/O LATE CHIKKA APPAYYA AGED ABOUT 73 YEARS, 3. T C MUNIRAJU S/O LATE CHIKKA APPAYYA AGED ABOUT 46 YEARS, 4. T C VENKATESH S/O LATE CHIKKA APPAYYA AGED ABOUT 48 YEARS, - 3 - HC-KAR NC: 2025:KHC:43308 MFA No. 6755 of 2025 5. CHANDRAPPA S/O LATE VENKATAPPA AGED ABOUT 69 YEARS 6. C RAMA MURTHY S/O CHANDRAPPA AGED ABOUT 39 YEARS 7. SUDHA N W/O C RAMA MURTHY AGED ABOUT 31 YEARS 8. KUM KUSHI D/O C RAMA MURTHY AGED ABOUT 5 YEARS, SINCE MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN APPELLANT NO.5 9. NARAYANAPPA S/O LATE VENKATAPPA AGED ABOUT 61 YEARS RESPONDENTS NO.1 TO 8 ARE RESIDING AT THIRUMALA SHETTAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK BENGALURU - 560067 10. V NAGAPPA S/O LATE VENKATAPPA AGED ABOUT 58 YEARS 11. MANJULA W/O V NAGAPPA AGED ABOUT 51 YEARS 12. VENU S/O V NAGAPPA AGED ABOUT 32 YEARS - 4 - HC-KAR NC: 2025:KHC:43308 MFA No. 6755 of 2025 13. VEDHA D/O V NAGAPPA AGED ABOUT 29 YEARS APPELLANTS NO.10 TO 13 ARE RESIDING AT CHIMASANDRA VILLAGE, BIDHARAHALLI HOBLI, VIRGONAGAR POST BENGALURU DISTRICT - 560049 14. G RAJIN W/O RAMALINGAM AGED ABOUT 64 YEARS R/AT #C-1, HOUSING BOARD QUARTERS 2ND MAIN ROAD, KAVALBYRASANDRA R.T.NAGAR BENGALURU - 560032 15. GOWRAMMA W/O V RAMACHANDRAPPA AGED ABOUT 58 YEARS R/A SAMETHANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK - 560067 16. R SHANTHA KUMARI W/O C R NARAYANA REDDY AGED ABOUT 63 YEARS R/O CHANNASANDRA VILLAGE BIDHARAHALLI HOBLI BENGALURU - 560067 17. DEVAPPA S/O MUNIYAPPA AGED ABOUT 55 YEARS 18. HARISHA S/O DEVAPPA AGED 26 YEARS - 5 - HC-KAR NC: 2025:KHC:43308 MFA No. 6755 of 2025 RESPONDENTS NO.17 AND 18 ARE RESIDING AT NO.88 THIRUMALA SHETTAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK BENGALURU DISTRUCT - 560067 19. R. SRINIVAS S/O RAMAIAH AGED ABOUT 45 YEARS R/AT HETTHAKODI VILLAGE LOKUR HOBLI, MALUR TALUK KOLAR DISTRICT - 563130. 20. GOWRAMMA W/O LATE RAMESH B AGED ABOUT 44 YEARS 21. MANJUNATA R S/O LATE RAMESH B AGED ABOUT 26 YEARS RESPONDENTS NO.20 AND 21 ARE RESIDING AT THIRUMALA SHETTAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BENGALURU DISTRICT - 560067 22. BIDAM DEVI W/O LATE CHANGALAL LALVANI JAIN AGED ABOUT 79 YEARS 23. VERACHAD @ VEERACHAND LALVANI S/O LATE CHANGALAL LALVANI JAIN AGED ABOUT 62 YEARS 24. SARALA DEVI W/O LATE UTHAM KUMAR ALIAS UTHAM CHAND LALVANI AGED ABOUT 58 YEARS - 6 - HC-KAR NC: 2025:KHC:43308 MFA No. 6755 of 2025 25. RAJA KUMAR S/O LATE CHANGALAL LALVANI JAIN AGED ABOUT 58 YEARS 26. KOMAL D/O LATE UTHAM KUMAR ALIAS UTHAM CHAND LALVANI AGED ABOUT 33 YEARS 27. SONAL S/O LATE UTHAM KUMAR ALIAS UTHAM CHAND LALVANI AGED ABOUT 30 YEARS RESPONDENTS NO.22 TO 27 ARE RESIDING AT 122, 2ND FLOOR 1ST BLOCK, RANK PARK APARTMENT, LALBAG ROAD BENGALURU - 560027 28. N KRISHNAPPA S/O LATE NARAYANAPPA AGED ABOUT 43 YEARS R/O THIRUMALA SHETTAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BENGALURU - 560067 29. GOWRAMMA W/O H LAKSHMINARAYANA D/O VENKATAPPA AGED ABOUT 65 YEARS R/AT NO.99, CHAMUNDINAGAR R T NAGAR POST BENGALURU - 560032 …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.04.01.2022 PASSED ON IA NO. 1 IN O.S.NO.1700/2019 ON THE FILE OF THE II ADDITIONAL - 7 - HC-KAR NC: 2025:KHC:43308 MFA No. 6755 of 2025 SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE IA.NO. 1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking permission to withdraw the appeal with liberty to file appeal before the appropriate Court. 2. The memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. 4. 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. 5. Registry is directed to return all the original copies to the appellants/counsel for the appellants. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 14