- 1 - HC-KAR NC: 2025:KHC:36499 RFA No. 1243 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1243 OF 2023 (PAR) BETWEEN: SRI CHIKKAANJANAPPA S/O LATE GEDDALAHALLI POOJIGA @ POOJAPPA SINCE DEAD BY HIS LR’s. 1(a) SMT. RATHNAMMA W/O LATE MUNIYAPPA, AGED ABOUT 45 YEARS, 1(b) SMT. GAJALAKSHMI @ PUSHPALATHA D/O LATE MUNIYAPPA, AGED ABOUT 24 YEARS, 1(c) MR. CHETHAN S/O LATE MUNIYAPPA AGED ABOUT 22 YEARS, 1(d) SRI NARAYANASWAMY S/O LATE CHIKKANJINAPPA, AGED ABOUT 43 YEARS, 1(e) SRI CHIKKANNA S/O LATE CHIKKANJINAPPA, AGED ABOUT 47 YEARS, 1(f) SRI MANJUNATHA S/O LATE CHIKKANJINAPPA, AGED ABOUT 40 YEARS, 1(g) SRI RAMESH S/O LATE CHIKKANJINAPPA, AGED ABOUT 39 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36499 RFA No. 1243 of 2023 1(h) SRI CHANDRAPPA S/O LATE CHIKKANJINAPPA AGED ABOUT 33 YEARS, 1(i) SMT. ARUNA D/O LATE CHIKKANJINAPPA, W/O RAMESHA AGED ABOUT 31 YEARS, ALL ARE R/AT LAKSHMIPURA VILLAGE, YESHWANTHPURA HOBLI, VIDYARANYAPURA POST, BENGALURU-560097. …APPELLANTS (BY SRI CHANDRAHASA G., ADVOCATE) AND: 1. SMT. KEMPAMMA W/O LATE RANGAPPA AGED ABOUT 60 YEARS, 2. SMT. KALAMMA D/O LATE RANGAPPA AGED ABOUT 28 YEARS, 3. SMT. DEVAMMA D/O LATE RANGAPPA AGED ABOUT 25 YEARS, 4. SMT. MUNIDURGAMMA W/O MASTANAPPA D/O LATE MAUNI HANUMAPPA, AGED ABOUT 60 YEARS, 5. SRI SHIVALINGAMMA W/O LATE MAUNI HANUMAPPA, AGED ABOUT 30 YEARS, 6. SMT. ANJINAMMA D/O LATE MAUNI HANUMAPPA, AGED ABOUT 28 YEARS, - 3 - HC-KAR NC: 2025:KHC:36499 RFA No. 1243 of 2023 7. SRI SRINIVASA S/O LATE MAUNI HANUMAPPA, AGED ABOUT 25 YEARS, ALL ARE R/AT LAKSHMIPURA VILLAGE, YESHWANTHPURA HOBLI, VIDYARANYAPURA POST, BENGALURU-560097. 8. SRI MADESHA S/O LATE KATERAPPA, AGED ABOUT 40 YEARS, 9. SRI GOJJAPPA S/O LATE KATERAPPA, AGED ABOUT 35 YEARS, NOS.8 AND 9 ARE RESIDING AT BATTARAMARENAHALLY, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. 10. SRI CHIKKABYLAPPA S/O LATE KOMBU CHIKKANNA, AGED ABOUT 50 YEARS, R/AT UGANAVADI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. 11. SMT. BYLAMMA @ DODDA BYALAMMA W/O LATE RAMANNA @ KATCHE RAMANNA, AGED ABOUT 70 YEARS, 12. SMT. MUNIYAMMA D/O LATE RAMANNA @ KATCHE RAMANNA, AGED ABOUT 50 YEARS, 13. SMT. GUDDAMMA D/O LATE RAMANNA @ KATCHE RAMANNA, AGED ABOUT 48 YEARS, 14. SMT. CHIKKAMMA D/O LATE RAMANNA @ KATCHE RAMANNA, AGED ABOUT 45 YEARS, - 4 - HC-KAR NC: 2025:KHC:36499 RFA No. 1243 of 2023 15. SMT. RATHNAMMA D/O LATE RAMANNA @ KATCHE RAMANNA, AGED ABOUT 40 YEARS, 16. SRI MUNI ANJINAPPA S/O LATE BYALAPPA, AGED ABOUT 33 YEARS, 17. SRI RAJANNA S/O LATE BYALAPPA, AGED ABOUT 30 YEARS, 18. SRI MUNIYAPPA @ MUNEGOWDA S/O LATE BYALAPPA AGED ABOUT 28 YEARS, 19. SMT. THIMMAKKA W/O LATE HANUMANTHAPPA D/O LATE CHIKKAMUNIYAPPA, AGED ABOUT 70 YEARS, NOS.11 TO 19 ARE RESIDING AT LAKSHMIPURA VILLAGE, YESHWANTHPURA HOBLI, VIDHYARANYAPURA POST, BANGALORE-560097. 20. SRI CHIKKANNA S/O LATE CHIKKAMUNIYAPPA, SINCE DEAD BY HIS LR’s. 20(a) ANJINAMMA AGED ABOUT 62 YEARS, W/O LATE CHIKKANNA, 20(b) MUNIRAJ .C AGED ABOUT 44 YEARS, S/O LATE CHIKKANNA, 20(c) UMADEVI AGED ABOUT 42 YEARS, D/O LATE CHIKKANNA W/O RAVI .C - 5 - HC-KAR NC: 2025:KHC:36499 RFA No. 1243 of 2023 20(d) MURTHY .C AGED ABOUT 40 YEARS, S/O LATE CHIKKANNA, 20(e) CHANDRAPPA .C AGED ABOUT 38 YEARS, S/O LATE CHIKKANNA ALL ARE RESIDING AT NO.19, MARUTHI NAGARA, VIDYARANYAPURA, BENGALURU. 21. SRI KANTHILAL A PATEL S/O ARJUNA N PATEL SINCE DEAD BY HIS LR. 21(a) SRI BHAVESH PATEL S/O LATE KANTHILAL A PATEL MAJOR IN AGE, R/AT NO.5, 4TH CROSS, 1ST MAIN ROAD, ASHIRVADA COLONY, HORAMAVU MAIN ROAD, BANASWADI, BENGALURU-560043. …RESPONDENTS (NOTICES TO R-2 – KALAMMA SERVED; R-5 – SHIVALINGAMMA SERVED; R-11 – BYALAMMA @ DODDABYALAMMA SERVED; R-14 – CHIKKAMMA SERVED; R-19 – THIMMAKKA SERVED; R-20(A) – ANJINAMMA SERVED; R-20(B) – MUNIRAJU .C. SERVED; R-20(E) – CHANDRAPPA .C. SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.03.2023 PASSED IN O.S.NO.1780/2023 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:36499 RFA No. 1243 of 2023 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellants filed memo, which reads as under: “In the above case the Appellants submits that, the matter has been settled outside the Court with Respondent No.22(a) Sri.Bhavesh Patel who is the Purchaser of Suit Property. Hence, the Appellants are not pressing the Appeal and the same may kindly be dismissed as withdrawn and settled out of Court, in the interest of justice.” 2. Memo is taken on record. 3. In view of memo, the appeal stands dismissed as withdrawn. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 51