- 1 - HC-KAR NC: 2026:KHC:13841 RFA No. 31 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO.31 OF 2016 (DEC) BETWEEN: 1. SRI R ANJANI @ ANJANAPPA S/O LATE KODIHALLI RAMAIAH, AGED ABOUT 64 YEARS, 2. SMT. SOWBHAGYAVATHI W/O R. ANJANI @ ANJANAPPA, AGED ABOUT 59 YEARS, BOTH ARE R/AT NO.127, SRINILAYA, 2ND CROSS, ERAPPAREDDY LAYOUT, BANASWADI MAIN ROAD, BANGALORE-560 033. …APPELLANTS (BY SRI. M SHIVAPRAKASH, ADVOCATE) AND: 1. SRI R MUNITHAYAPPA S/O LATE KODIHALLI RAMAIAH, AGED ABOUT 76 YEARS, R/AT NO.5/39B, MUNIVENKATAPPA REDDY LAYOUT, LINGARAJAPURA EXTENSION, BANGALORE-560 084. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13841 RFA No. 31 of 2016 2. SRI. R. ANANDAMURTHY S/O LATE KODIHALLI RAMAIAH, AGED ABOUT 58 YEARS, R/AT NO.35, SURABHI, 3RD CROSS, CHANDRA LAYOUT, 2ND STAGE, VIJAYNAGAR, BANGALORE-560 040. 3. SRI NARAYANA BHOVI S/O OM BATTU GOOLI RAMAIAH, AGED ABOUT 75 YEARS, RETD AGRICULTURE ASSISTANT OFFICER, BETHAMANAGALA NEW TOWN, KOLAR DISTRICT-563 116. 4. SRI ASHWATHANARAYANA S/O LATE MUNISHAMAPPA, AGED ABOUT 49 YEARS, R/AT NO.93, CHIKKABOMMASANDRA VILLAGE, GKVK POST, YELAHANKA HOBLI, BANGALORE NORTH TALUK-560 064. (RESPONDENT NO.4: DELETED VIDE COURT ORDER DATED 26.09.2018) 5. SRI SHANKARAPPA S/O LATE VENKATASWAMY AND LAKSHMAMMA AGED ABOUT 45 YEARS, 6. SRI. G.V. NARAYAN S/O LATE VENKATASWAMY AND LAKSHMAMMA, AGED ABOUT 47 YEARS, 7. SRI SUNDARMURTHY S/O LATE VENKATASWAMY AND LAKSHMAMMA AGED ABOUT 55 YEARS, RESPONDENT NOS.5 TO 7 ARE - 3 - HC-KAR NC: 2026:KHC:13841 RFA No. 31 of 2016 R/AT NEAR ANJANEYASWAMY TEMPLE, CHELKERE, KALYANANAGAR POST, BANGALORE-560 043. 8. SMT. RATHNAMMA S/O LATE VENKATASWAMY AND LAKSHMAMMA, W/O. MANI, AGED ABOUT 60 YEARS R/AT 4TH CROSS, RAMASWAMI PALYA, M.S.NAGAR POST, BANGALORE-560 033. 9. SMT. SEETHAMMA D/O. LATE VENKATASWAMY AND LAKSHMAMMA W/O. ASHWATHAPPA, AGED ABOUT 60 YEARS, R/AT VENKATAPPA GARDEN, YERRAPPANAHALLI, DODDAGUBBI POST, BANGALORE EAST TALUK-560 077. 10. SMT. ALAMELAMMA S/O LATE VENKATASWAMY AND LAKSHMAMMA W/O. VENKATESH, AGED ABOUT 65 YEARS, R/AT YELAHANKA UPANAGAR, GKVK POST, BANGALORE-560 064. 11. SMT. SAVITHRAMMA D/O. LATE VENKATASWAMY AND LAKSHMAMMA W/O MUNICHINNAPPA AGED ABOUT 64 YEARS R/AT KARIYANAPALYA, ST. THOMAS TOWN POST, BANGALORE-560 083. 12. SMT. PARVATHAMMA D/O. LATE VENKATASWAMY AND LAKSHMAMMA, W/O. VISHWANATH, - 4 - HC-KAR NC: 2026:KHC:13841 RFA No. 31 of 2016 AGED ABOUT 60 YEARS, R/AT CHALKERE VILLAGE, KALIAN NAGAR POST, BANGALORE-560 043. 13. SMT. GOWRAMMA D/O. KODIHALLI RAMAIAH, W/O MEGANAPPA, AGED ABOUT 52 YEARS R/AT KALYAN NAGAR POST, BANGALORE-560 043. 14. SMT. PARVATHAMMA D/O. KODIHALLI RAMAIAH, W/O CHINNAPPA, AGED ABOUT 50 YEARS, R/AT NELLRAHALLI, WHITEFIELD POST, BANGALORE-560 066. …RESPONDENTS (BY SRI. VINOD C.S., ADVOCATE FOR C/R.1; R.2 AND R.3 ARE SERVED; R.4: DELETED VIDE COURT ORDER DATED 26.09.2018; SRI. V. VIJAYASHEKARA GOWDA, ADVOCATE FOR R.5 TO R.12; SRI. V. NAGAREDDY, ADVOCATE OF M/S.VNR AND ASSOCIATES FOR R.13; R.14: SERVED.) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN O.S.NO.7141/2002 DATED 30.11.2015 ON THE FILE OF XVIII ADDITIONAL CITY CIVIL JUDGE AT BANGALORE, ETC. THIS APPEAL, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:13841 RFA No. 31 of 2016 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL JUDGMENT 1. Learned counsel for the appellants has filed a memo dated 03.03.2026 with a prayer to dismiss the appeal as withdrawn. 2. Memo is taken on record. 3. The appeal is dismissed as withdrawn. 4. Registry is directed to refund the Court fee, if the appellants are so entitled after due verification and return the original documents to the appellants upon due verification after obtaining photocopies of the same. Sd/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 2