- 1 - HC-KAR NC: 2026:KHC:13333-DB RFA No. 1376 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL No. 1376 OF 2023 (PAR/DEC) BETWEEN: 1. SRI. GURUPRASADA S/O LATE SAMPANG, AGED ABOUT 44 YEAR, R/AT NO 109, 21ST CROSS, J P NAGAR, 2ND STAGE, BENGALURU - 560 078. …APPELLANT (BY SRI SHARATH CHANDRA J, ADVOCATE) AND: 1. SRI. M. RAMA REDDY S/O LATE MUNIYAPPA REDDY, AGED ABOUT 74 YEARS, R/AT AGARA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU. 2. SRI GOVINDAPPA S/O LATE NARAYANAPPA, AGED ABOUT 59 YEARS, 3. SMT. MUNIYAMMA W/O LATE KRISHNAPPA AGED ABOUT 79 YEARS. Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13333-DB RFA No. 1376 of 2023 4. SMT. SARASWATHAMMA D/O LATE KRISHNAPPA AGED ABOUT 59 YEARS. 5. SRI SREENIVASAIAH S/O LATE B KRISHNAPPA AGED ABOUT 57 YEARS. 6. SMT. GEETHA D/O LATE KRISHNAPPA AGED ABOUT 54 YEARS. 7. SMT. SANJANA D/O LATE KRISHNAPPA AGED ABOUT 52 YEARS. 8. SRI RAGHU S/O LATE KRISHNAPPA AGED ABOUT 50 YEARS. 9. SMT. VANAJAKSHI D/O LATE KRISHNAPPA AGED ABOUT 50 YEARS. 10. SMT. KALAMMA W/O LATE RAMAPPA AGED ABOUT 74 YEARS. 11. SRI NARAYANASWAMY S/O LATE RAMAPPA AGED ABOUT 62 YEARS. 12. SMT. RATHNAMMA D/O LATE RAMAPPA AGED ABOUT 59 YEARS. 13. SRI VIJAYAKUMAR S/O LATE RAMAPPA AGED ABOUT 56 YEARS. - 3 - HC-KAR NC: 2026:KHC:13333-DB RFA No. 1376 of 2023 14. SRI MUNIRAMAPPA S/O LATE MUNIYELLAPPA AGED ABOUT 94 YEARS. 15. SMT. VAJRAMMA D/O MUNIRAMAPPA AGED ABOUT 64 YEARS. 16. SMT. RENUKA D/O MUNIRAMAPPA AGED ABOUT 62 YEARS. 17. SRI NARAYANASWAMY S/O MUNIRAMAPPA AGED ABOUT 60 YEARS. 18. SMT. RATHNAMMA D/O MUNIRAMAPPA AGED ABOUT 58 YEARS. 19. SMT. BHAGYAMMA D/O MUNIRAMAPPA AGED ABOUT 56 YEARS. 20. SMT. SHARADAMMA D/O MUNIRAMAPPA AGED ABOUT 54 YEARS. 21. SRI MUNIRAJ S/O MUNIRAMAPPA AGED ABOUT 48 YEARS. RESPONDENT No.2 TO 21 ARE R/AT KODATHI VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE - 560 087. 22. SMT JAYAMMA D/O LATE MUNIYELLAPPA AND MUNIKAVERAMMA - 4 - HC-KAR NC: 2026:KHC:13333-DB RFA No. 1376 of 2023 AGED ABOUT 54 YEARS. 23. SMT. NANJAMMA D/O LATE MUNIYELLAPPA AND MUNIKAVERAMMA AGED ABOUT 59 YEARS. 24. SMT. MUNIYELLAMMA D/O LATE CHIKKAMADDURAPPA AGED ABOUT 74 YEARS. 25. SMT. PARVATHAMMA D/O LATE CHIKKAMADDURAPPA AND MUNIYAMMA AGED ABOUT 72 YEARS. 26. SRI ASWATHA S/O LATE SAMPANGI AGED ABOUT 41 YEARS. 27. SMT. RADHA D/O LATE SAMPANGI AGED ABOUT 41 YEARS. 28. SRI ARUN S/O LATE SAMPANGI AGED ABOUT 39 YEARS. 29. SRI ABHISHEK S/O LATE SAMPANGI AGED ABOUT 37 YEARS. 30. SMT. LAKSHMI W/O LATE SAMPANGI AGED ABOUT 29 YEARS. 31. SRI MUNIRAJA S/O LATE CHIKKAMADDURAPPA AGED ABOUT 54 YEARS. 32. SRI RAMESHA S/O LATE CHIKKAMADDURAPPA AGED ABOUT 49 YEARS - 5 - HC-KAR NC: 2026:KHC:13333-DB RFA No. 1376 of 2023 RESPONDENT No.22 TO 32 R/AT KODATHI VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE - 560 087. 33. SRI T N LAKSHMIPATHY S/O LATE T H NARAYAN AGED ABOUT 85 YEARS R/AT No.3, 2ND MAIN ROAD, AUDUGODI BENGALURU - 560 030. 34. SRI SHIVASHANKARA S/O MUNINANJAPPA AGED ABOUT 74 YEARS R/AT No.109, 21ST CROSS J P NAGAR 2ND STAGE BENGALURU -560 078. 35. SRI MANJUNATHA S/O MUNINANJAPPA AGED ABOUT 60 YEARS. 36. SMT. NAGAMMA W/O LATE RAMAPPA AGED ABOUT 69 YEARS. 37. SMT. SHYLAJA W/O MUNIRAJ D/O LATE RAMAPPA AGED ABOUT 49 YEARS. 38. SMT. CHANDRAMMA D/O LATE RAMAPPA W/O LAKSHMINARAYANA AGED ABOUT 49 YEARS. 39. SRI RAGHAVENDRA S/O LATE RAMAPPA AGED ABOUT 47 YEARS. - 6 - HC-KAR NC: 2026:KHC:13333-DB RFA No. 1376 of 2023 40. SRI GURURAJA S/O LATE RAMAPPA AGED ABOUT 45 YEARS. 41. SMT. ANASYAMMA W/O LATE SAMPANGI AGED ABOUT 69 YEARS. 42. SRI LOKESHA S/O LATE SAMPANGI AGED ABOUT 42 YEARS. 43. SMT. RADHA W/O LATE KRISHNAMURTHY AGED ABOUT 69 YEARS. 44. SMT. HEMA D/O LATE KRISHNAMURTHY AGED ABOUT 49 YEARS. 45. SRI PRADEEPRAJ S/O LATE KRISHNAMURTHY AGED ABOUT 42 YEARS. 46. SMT. VEENA D/O LATE KRISHNAMURTHY AGED ABOUT 40 YEARS. 47. SRI VIJAYAKUMAR S/O LATE KRISHNAMURTHY AGED ABOUT 38 YEARS. RESPONDENT No.34 TO 47 R/AT No.109, 21ST CROSS J P NAGAR, 2ND STAGE BENGALURU - 560 078. …RESPONDENTS (BY SRI. BHANU PRAKASH V G, ADVOCATE FOR R1 V/O DTD. 5.12.2023 SERVICE OF NOTICE TO R2 TO R47 IS DISPENSED WITH) - 7 - HC-KAR NC: 2026:KHC:13333-DB RFA No. 1376 of 2023 THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE ORDER DATED 19.04.2023 PASSED ON I.A.No. III IN OS.No.1150/2019 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU (RURAL) DISTRICT, BENGALURU, ALLOWING THE I.A.No.III 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 T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The appellant above named humbly prays that this Hon'ble Court be pleased to permit the appellant to withdraw the above Appeal as the same is not pressed by the Appellant in the interest of justice and equity." - 8 - HC-KAR NC: 2026:KHC:13333-DB RFA No. 1376 of 2023 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.M.NADAF) JUDGE RAK List No.: 1 Sl No.: 33 ct.sm