- 1 - HC-KAR NC: 2026:KHC:9229-DB RFA No. 2309 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 2309 OF 2024 (PAR/DEC) BETWEEN: 1. SMT. KRISHNAMMA D/O LATE RAJGOPAL W/O MUNIRAJAPPA AGED ABOUT 55 YEARS 2. SMT. NEELAMMA D/O LATE MUNIYAPPA W/O LATE PILLAPPA AGED ABOUT 82 YEARS 3. SRI. GOVINDAPPA S/O THOTADA MUNIYAPPA AGED ABOUT 72 YEARS 4. SMT. MARIYAMMA D/O THOTADA MUNIYAPPA W/O YAMMANNA AGED ABOUT 66 YEARS 5. SMT. SHARADAMMA D/O THOTADA MUNIYAPPA W/O LATE KRISHNAPPA AGED ABOUT 63 YEARS 6. SMT. KRISHNAMMA D/O THOTADA MUNIYAPPA W/O LATE KRISHNAPPA Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9229-DB RFA No. 2309 of 2024 AGED ABOUT 55 YEARS 7. SRI. VENKATASWAMY S/O LATE SIDDARAMIAH AGED ABOUT 64 YEARS 8. SMT. KAMAKSHAMMA D/O LATE SIDDARAMAIAH W/O KRISHNAPPA AGED ABOUT 53 YEARS 9. SMT. MARIYAMMA W/O MUNISWAMY @ MARIGA AGED ABOUT 57 YEARS 10. SMT. SAVITHRAMMA W/O LATE VENKATASWAMY AGED ABOUT 57 YEARS 11. SMT. PUSHPA D/O LATE MUNIYAPPA W/O ASHWATHAPPA AGED ABOUT 56 YEARS 12. SMT. YELLAMMA D/O LATE MUNIYAPPA W/O NAGARAJU AGED ABOUT 53 YEARS ALL APPELLANTS No.1 TO 12 ARE RESIDING AT HORAMAMUAGRA No.150/5, B, BBMP OFFICE ROAD K.R. PURAM HOBLI HORAMAVU POST BENGALURU-560 043 …APPELLANTS (BY SRI. LOURDU MARIYAPPA A., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:9229-DB RFA No. 2309 of 2024 AND: 1. SMT. M.V. VISHALAKSHI W/O LATE SRINATH AGED BOUT 54 YEARS RESIDING AT HORAMAMUAGRA No.150/5, B, BBMP OFFICE ROAD NEXT TO AYYAPPASWAMY TEMPLE HORAMAVUAGARA VILLAGE AND POST K.R.PURAM HOBLI, HORAMAVU POST BENGALURU-560 043 2. SRI. MURALIDHARA S/O LATE V. NARAYANASWAMY AGED ABOUT 63 YEARS R/AT. OPP. GOPALASWAMY TEMPLE HORAMAVUAGARA VILLAGE AND POST K.R. PURAM HOBLI, HORAMAVU POST BENGALURU-560 043 3. H.N. JANARDHAN S/O LATE V. NARAYANASWAMY AGED ABOUT 61 YEARS R/AT. HORAMAVUAGARA VILLAGE AND POST K.R. PURAM HOBLI, HORAMAVU POST BENGLAURU-560 043 4. SMT. RAGAVENDRA REDDY C.R. S/O C.R. RAHAGOPALAREDDY AGED ABOUT 63 YEARS RESPONDENT RESIDING AT No.468/H, 9TH-K-MAIN HOSAHALLI, VIJAYANAGARA BENGALURU-560 040 5. SMT. MUNIYELLAMMA D/O LATE. MOTAPPA W/O MUNISWAMY AGED ABOUT 70 YEARS - 4 - HC-KAR NC: 2026:KHC:9229-DB RFA No. 2309 of 2024 6. SRI. PAPANNA S/O LATE MOTAPPA AGED ABOUT 66 YEARS 7. SMT. RATHNAMMA D/O. LATE MOTAPPA W/O MUNISWAMY AGED ABOUT 64 YEARS 8. SRI. ABBAIAH @ MUNIRAJU S/O LATE MOTAPPA AGED ABOUT 59 YEARS 9. SRI. CHINNAPPA @ CHINIGA S/O LATE HANUMANTHAPPA AGED ABOUT 56 YEARS 10. SMT. AMMAYAMMA D/O LATE HANUMANTHAPPA W/O GOWRAPPA AGED ABOUT 51 YEARS 11. SMT. PAPAMMA D/O LATE HANUMANTHAPPA W/O NAGARAJU AGED ABOUT 51 YEARS 12. SRI. GOVINDARAJ S/O LATE RAJGOPAL AGED ABOUT 58 YEARS 13. SRI. RAMADAS S/O LATE RAJGOPAL AGED ABOUT 52 YEARS 14. SRI. MUNIVENKATA S/O LATE RAJGOPAL AGED ABOUT 50 YEARS 15. SRI. M.R. GOPAL S/O LATE RAJGOPAL - 5 - HC-KAR NC: 2026:KHC:9229-DB RFA No. 2309 of 2024 AGED ABOUT 49 YEARS 16. SRI. SRINIVAS S/O LATE RAJGOPAL AGED ABOUT 49 YEARS 17. SRI. RAMAKRISHNAPPA S/O LATE MUNIYAPPA AGED ABOUT 65 YEARS RESPONDENTS No.5 TO 17 ARE RESIDING AT HORAMAMUAGRA No.150/5, B, BBMP OFFICE ROAD K.R. PURAM HOBLI, HORAMAVU POST BENGALURU-560 043 …RESPONDENTS (BY SRI. VENKATESH C., ADVOCATE FOR C/R1, C/R2, C/R4; SRI. S.K. VENKATACHALAPATHI, ADVOCATE FOR R12 TO R15 & R17; R3, R5 TO R11 & R16 ARE SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 03.09.2024 PASSED ON I.A.No.2 IN OS.No.941/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.No.2 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC, FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 6 - HC-KAR NC: 2026:KHC:9229-DB RFA No. 2309 of 2024 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 Undersigned Counsel for the Appellants in the above appeal, most respectfully submits that, the above appeal is not pressed and permit the appellants to withdraw the same and consequently above appeal may dismissed as withdrawn, in the interest of justice and equity." 2. In view of the memo, appeal is dismissed as withdrawn. Pending interlocutory applications shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE CP; List No.: 3 Sl No.: 4