- 1 - HC-KAR NC: 2026:KHC:23947 MFA No. 3009 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 3009 OF 2026 (CPC) BETWEEN: M/S. PROVIDENT HOUSING LIMITED A COMPANY REGISTERED UNDER PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT #130/1, ULSOOR ROAD, HALASURU YELLAPPA CHETTY LAYOUT SIVANCHETTI GARDENS BENGALURU – 560 042 REPRESENTED BY ITS AUTHORIZED SIGNATORY SHREYA V K JAIN. …APPELLANT (BY SRI. JOSEPH ANTHONY.,ADVOCATE) AND: 1. MRS. S RATHNA W/O R K BABU AGED 65 YEARS 2. MR. SUNIL BABU S/O R K BABU AGED 45 YEARS 3. MR. B ANIL BABU S/O R K BABU AGED 43 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23947 MFA No. 3009 of 2026 RESPONDENTS NO.1 TO 3 RESIDING AT NO.2 1 A MAIN ROAD, NEW POST OFFICE ROAD YEDIYUR JAYANAGAR 7TH BLOCK BANGALORE – 560 082 4. MRS. PRATIPULLA @ PRAFULLA DEFENDANTO LATE KRISHNAPPA AGED ABOUT 70 YEARS RESIDING AT SURYA NILAYA NO.7, 3RD CROSS, LALBAGH ROAD BANGALORE – 27 5. MR. K PRABHAVATHI W/O MR. M L SRINIVAS MURTHY AGED ABOUT 68 YEARS RESIDING AT J-55, 1 CROSS BEHIND KANTHIRAVA PAPER PARK EXTENSION SHIVAMOGA – 577 201 6. MRS. PRAMILA @ PRAMEELA DEFENDANTO LATE KRISHNAPPA AGED ABOUT 65 YEARS RESIDING AT NO.117/1 LAKSHMI NILAYA FIRST FLOOR VRN LANE SP ROAD CROSS GOLLAR PET BANGALORE – 02 7. MRS. PRASANNAKUMARI W/O MR. ASWATH MURTHY AGED ABOUT 62 YEARS RESIDING AT NO.35 TEMPLE STEE COX TOWN, JEEVANAHALLI BANGALORE - 3 - HC-KAR NC: 2026:KHC:23947 MFA No. 3009 of 2026 8. MR. GOVINDARAJU R K S/O R KRISHNAPPA AGED 59 YEARS 9. MRS. ANUSUYA W/O GOVINDARAJU R K AGED 53 YEARS 10. MS. K G PRAKRUTHI DEFENDANTO R K GOVINDARAJU AGED 30 YEARS RESPONDENTS NO.8 TO 10 RESIDING AT: FLAT NO.F004 NO.18, 1ST FLOOR, 15TH MAIN, 37TH CROSS, 4TH BLOCK, JAYANAGAR, BANGLARE SOUTH BANGALORE – 41 11. MRS. PADMAVATHI @ BABY W/O HARI KUMAR AGED ABOUT 55 YEARS RESIDING AT NO.524/1 8TH CROSS, 7TH BLOCK WEST JAYANAGAR BANGALORE – 82 12. MR. R K SAMPANGI RAMASWAMY @ R K RAMASWAMY, S/O R KRISHNAPPA AGED 55 YEARS 13. MRS. L MANJULA SWAMY W/O R K SAMPANGI RAMASWAMY AGED 50 YEARS 14. MR. K S MANISH KUMAR S/O R K SAMPANGI RAMASWAMY AGED 26 YEARS - 4 - HC-KAR NC: 2026:KHC:23947 MFA No. 3009 of 2026 RESPONDENTS NO.12 TO 14 RESIDING AT: NO.117/1, LAKSHMI NILAYA THIRD FLOOR, VRN LANE, SP ROAD CROSS GOLLAR PET BANGALORE – 02. 15. MR. R K GOPAL KRISHNA S/O LATE R KRISHNAPPA AGED 52 YEARS 16. MR. SUMA GOPAL KRISHNA W/O R K GOPALA KRISHNA AGED 49 YEARS 17. MR. PAVAN G S/O R K GOPALA KRISHNA AGED 25 YEARS RESPONDENTS NO.15 TO 17 RESIDING AT NO.54, 6TH CROSS, WILSON GARDEN BANGALORE – 27. 18. MR. R K RAVISHANKAR S/O LATE R KRISHNAPPA AGED 49 YEARS 19. MRS. ARCHANA P S W/O R K RAVISHANKAR AGED 49 YEARS 20. MS. KEERTHANA RAVI SHANKAR DEFENDANTO R K RAVISHANKAR AGED 23 YEARS RESPONDENTS NO.18 TO 20 RESIDING AT NO.117/1 LAKSHMI NILATA, SECOND FLOOR VRN LANE, SP ROAD CROSS GOLLAR PET, BANGALORE – 02. …RESPONDENTS (BY SRI. BHADRINATH R.,ADVOCATE FOR C/R8) - 5 - HC-KAR NC: 2026:KHC:23947 MFA No. 3009 of 2026 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 25.03.2026 PASSED ON I.A.NO.1 IN O.S.NO.369/2025 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING THE I.A.NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking to withdraw the present appeal, which reads as under: " The Counsel undersigned craves leave of this Hon'ble Court to withdraw the present Appeal, with liberty to file an appropriate appeal in accordance with law. It is further prayed that this Hon'ble Court may be pleased to direct the Registry to return the certified copies annexed to the Appeal. Hence, it is most respectfully prayed that this Hon'ble Court may be pleased to dispose of the Appeal as withdrawn, in the interest of justice and equity.." 2. The said memo is taken on record. - 6 - HC-KAR NC: 2026:KHC:23947 MFA No. 3009 of 2026 3. In view of the memo, the Miscellaneous First Appeal is dismissed as withdrawn with liberty to the appellant to approach the appropriate forum in accordance with law. 4. The time spent in prosecuting the appeal before this Court is made available to the appellant under Section 14 of the Limitations Act, 1963. 5. Registry to return back the original documents to the appellant. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 12