- 1 - HC-KAR NC: 2025:KHC:54318-DB RFA No. 980 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 980 OF 2023 (PAR) BETWEEN: 1. SMT. BHAVANI BAI AGED ABOUT 66 YEARS W/O LATE HANUMANTHA RAO NOT CLAIMED SENIOR CITIZEN BENEFIT 2. SRI SRINIVASA RAO AGED ABOUT 46 YEARS S/O LATE HANUMANTHA RAO 3. SRI CHANDRAGIRI RAO AGED ABOUT 40 YEARS S/O LATE HANUMANTHA RAO 4. SRI ASHOK RAO AGED ABOUT 37 YEARS S/O LATE HANUMANTHA RAO APPELLANTS NO.1 TO 4 ARE R/O ADEPET, MAHARASTRA BEEDI NELAMANGALA TOWN 562123 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54318-DB RFA No. 980 of 2023 5. SMT. KAMALA BAI AGED ABOUT 80 YEARS W/O LATE GANESH RAO NOT CLAIMED SENIOR CITIZEN BENEFIT 6. SMT. GEETHA BAI AGED ABOUT 54 YEARS D/O LATE GANESH RAO APPELLANTS NO.5 & 6 ARE R/AT NO 35, 3RD CROSS, CHELUVAPPA GARDEN, BHUVANESHWARI NAGAR, BENGALURU 560023. 7. SMT. SHANTHA BAI AGED ABOUT 75 YEARS, W/O LATE HANUMANTHA RAO NOT CLAIMED SENIOR CITIZEN BENEFIT 8. SMT. PADMA AGED ABOUT 59 YEARS, W./O LATE BABU RAO D/O LATE HANUMANTHA RAO 9. SRI RAMESH RAO AGED ABOUT 55 YEARS, S/O LATE HANUMANTHA RAO 10. SMT. MANGALAGOWRI AGED ABOUT 50 YEARS, D/O LATE HANUMANTHA RAO W/O RAMAKRISHNA - 3 - HC-KAR NC: 2025:KHC:54318-DB RFA No. 980 of 2023 11. SRI CHANDRASHEKAR AGED ABOUT 47 YEARS, S/O LATE HANUMANTHA RAO APPELLANTS NO.7 TO 11 ARE R/AT SITE NO.13, CHIKKABIDARAKALLU MAIN ROAD, NAGASANDRA POST, DASANAPURA HOBLI, BENGALURU 560073. 12. SRI GANESH RAO AGED ABOUT 49 YEARS S/O KRISHNOJI RAO 13. SRI LIKITH RAO SURYA VAMSHI AGED ABOUT 12 YEARS S/O GANESH RAO K B AND LATE SMT. TEJASWINI BAI APPELLANT NO.13 IS MINOR REPRESENTED BY HER FATHER RESPONDENT NO 12 AS NATURAL GUARDIAN APPELLANTS NO.12 AND 13 ARE R/AT AT SITE NO 24, 6TH MAIN, K.H.M BLOCK, NEAR SYNDICATE BANK, RT NAGAR, BENGALURU 560 032. NOTE: 2. SMT. TEJASWINI BAI (PLAINTIFF NO.5), EXPIRED DURING THE PENDENCY OF THE SUIT, HER LEGAL REPRESENTATIVES ARE APPELLANTS NO.12 TO 13. 3. SRI. LAKSHMAN RAO (PLAINTIFF NO.10), EXPIRED - 4 - HC-KAR NC: 2025:KHC:54318-DB RFA No. 980 of 2023 ON 3.1.2021 DURING THE PENDENCY OF SUIT AND HIS LEGAL REPRESENTATIVE WER NOT BROUGHT ON RECORD. NOW RESPONDENT NO.9 WHO IS HIS WIFE IS ARRAYED AS LEGAL REPRESENTATIVE OF PLAINTIFF NO.10. 4. APPELLANT NO.5 TO 11 ARE REPRESENTED BY SPA HOLDER SRI SRINIVAS RAO - APPELLANT NO.2. 5. APPELLANT NO.12 AND 13 ARE BROUGHT ON RECORD IN THE YEAR 2021 DUE TO DEATH OF LAINTIFF NO.5. THEREFORE, THEIR AGE IS CALCULATED FROM THE YEAR 2021. …APPELLANTS (BY SRI. SAMPATH A., ADVOCATE) AND: 1. SRI. NAGOJIRAO AGED ABOUT 90 YEARS S/O LATE LAKSHMAN RAO R/AT NO 128. SBM COLONY, ANANDANAGAR, HEBBAL, BENGALURU 560024 2. SRI GANGOJI RAO AGED ABOUT 56 YEARS S/O LATE HANUMONTHA RAO 3. SRI LAKSHMANA RAO AGED ABOUT 53 YEARS S/O LATE HANUMONTHA RAO RESPONDENT NO.2 AND 3 ARE R/AT ADEPET, MAHARASTRA BEEDI NELAMANGALA TOWN 562123. - 5 - HC-KAR NC: 2025:KHC:54318-DB RFA No. 980 of 2023 4. SRI P M MUNIRAJU AGED ABOUT 59 YEARS S/O MUNIYAPPA, R/AT NO.464, PEENYA IIND STAGE, BENGALURU 560058. 5. SRI SIDDAPPA AGED ABOUT 68 YEARS S/O LATE ARASAIAH, R/AT NO 1531, DEVANGA BEEDI NELAMANGALA TOWN BENGALURU 562123 6. SRI P R BASAVARAJU AGED ABOUT 55 YEARS S/O RAMANNA, R/AT NO 193, 7TH 'B' MAIN ROAD, IIIRD PHASE, IV STAGE, BASAVESHWARANAGAR, BENGALURU 560079 7. THE LAND ACQUISITION OFFICER NATIONAL HIGHWAY NO.4 BENGALURU NELAMANGALA NH4, BENGALURU 560064. 8. SRI M N HARISH KUMAR AGED ABOUT 58 YEARS S/O N NANJAPPA, R/O MALLASANDRA VILLAGE, SODEKOPPA POST, BANGALORE NORTH TALUK, BENGALURU RURAL DISTRICT 572 107. - 6 - HC-KAR NC: 2025:KHC:54318-DB RFA No. 980 of 2023 9. SMT SHOBHA RANI W/O H LAKSHMAN RAO NO 49, 14TH CROSS, 20TH MAIN, NEAR BSNL, OFFICE PADMANAGAR BIDARAHALLI, BANASHANKARI II STAGE, BENGALURU SOUTH BENGALURU 560070 …RESPONDENTS (BY SRI. K.SHRIHARI, ADV. FOR R6; SMT. GEETHA M. URS, ADV. FOR R2 & R3; SRI. B.S.SUDHINDRA, ADV. FOR R5; SRI. G.M.PARAMASHIAIH, ADV. FOR R8; R9 SERVED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE ORDER DATED 28.03.2023. PASSED IN OS NO.591/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA PARTLY DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 7 - HC-KAR NC: 2025:KHC:54318-DB RFA No. 980 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellants seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The appellants have filed suit in O.S No.591/2013 for partition against the respondents before the Senior Civil Judge at Nelamangala and the same was dismissed vide judgment and decree dated 28.03.2023, aggrieved there by the present appeal been filed. The respondent No.1 purchased the suit schedule properties under sale deed dated 24.12.1960 and thereafter, he sold the same to M.P. Muniraju, P.R Basavaraj, Siddappa and M.N. Hareesh Kumar and presently P.R. Basavaraj, Siddappa and M.N. Hareesh Kumar are in possession of the suit schedule properties as per the registered sale deeds. The Trial Court after appreciation of the aforesaid facts was pleased to dismiss the suit. The appellants understand the aforesaid truth due to intervention of the well wishers and therefore, the appellants have settled their claim at out of Court. Hence, the appellants are not interested to continue the appeal on merit. - 8 - HC-KAR NC: 2025:KHC:54318-DB RFA No. 980 of 2023 Wherefore, the appellants most respectfully pray that, this Hon'ble Court may be pleased to dismiss the above appeal as not pressed, in the interest of justice and equity." 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 39