- 1 - HC-KAR NC: 2026:KHC:8284 MFA No. 7106 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 7106 OF 2017 (CPC) BETWEEN: SOMASHEKAR AGED ABOUT 53 YEARS S/O LATE M MUNIYAPPA R/A NO.30 6TH CROSS, NANJAPPA GARDEN BABUSAB PALYA, BANGALORE - 560043. …APPELLANT (BY SRI. YASHWANTH B.N., ADVOCATE FOR SRI. C M NAGABUSHANA., ADVOCATE) AND: 1. M ANJINEYA MURTHY AGED ABOUT 54 YEARS S/O LATE M MUNIYAPPA R/AT NO.6/94, 2ND CROSS, HENNUR MAIN ROAD, LINGARAJAPURAM BANGALORE - 560084. 2. SMT M MEENAKSHI AGED ABOUT 57 YEARS W/O SRI SAMPATH R/AT NO.24, SIDDE GOWDA LANE, DODDA MAVALLI, BANGALORE - 560004. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8284 MFA No. 7106 of 2017 3. SMT M PREMAVATHI AGED ABOUT 55 YEARS W/O SRI H K PRAKASH MURTHY, R/AT NO.5, 5TH CROSS, NANJAPPA ROAD, BABUSAB PALYA, BANGALORE - 560043. 4. SRI MATHEW PRAVEEN AGED ABOUT 32 YEARS S/O SRI SHANTAPPA R/AT NO.6/92, 1ST FLOOR, MUNIYAPPA COMPLEX, EXTREME BODY CRAFTS, HENNUR MAIN ROAD, LINGARAJAPURAM BANGALORE - 560084. 5. SRI SAMUEL AGED ABOUT 35 YEARS S/O SRI PRAKASH NO.6/93, 2ND FLOOR, GOODSAMARITAN PRAYERS HOUSE, MUNIYAPPA COMPLEX, HENNUR MAIN ROAD, LINGARAJAPURAM BANGALORE - 560084. 6. SRI SHEKIL SHERIFF AGED ABOUT 50 YEARS FATHERNS NAME NOT KNOWN TO THE PLAINTIFF CASHEW PUBLICITY NO.1/1, 6TH FLOOR, SAI COMPLEX, BEHIND CORPORATION BANK M G ROAD, BANGALORE - 560001. 7. SMT PUSHPA AGED ABOUT 54 YEARS W/O SRI VELU R/AT NO.6/101C, 2ND CROSS, (OPP TO GOPAL NILAYA NO 6/97) - 3 - HC-KAR NC: 2026:KHC:8284 MFA No. 7106 of 2017 HENNUR MAIN ROAD, LINGARAJAPURAM, BANGALORE - 560084. 8. SMT LUVISA AGED ABOUT 62 YEARS W/O LATE T EDWARD NO.6/102C, 2ND CROSS, (OPP TO GOPAL NILAYA NO 6/97) HENNUR MAIN ROAD, LINGARAJAPURAM, BANGALORE - 560084. 9. SMT MARYKALA AGED ABOUT 52 YEARS W/O SRI ARASU NO.6/103C, 2ND CROSS (OPP TO GOPAL NILAYA NO 6/97) HENNUR MAIN ROAD, LINGARAJAPURAM, BANGALORE - 560084. 10. SRI LAKSHMIPATHI AGED ABOUT 52 YEARS S/O LATE JAYARAM NO.6/104C, 2ND CROSS (OPP TO GOPAL NILAYA NO 6/97) HENNUR MAIN ROAD, LINGARAJAPURAM, BANGALORE - 560084. 11. SRI SUNIL KUMAR AGED ABOUT 25 YEARS S/O SRI MUNISWAMY 12. SRI PETER AGED ABOUT 55 YEARS S/O SRI GNANAPRAKASH 13. SMT SUJATHA @ ASMA AGED ABOUT 43 YEARS W/O SRI RAJA - 4 - HC-KAR NC: 2026:KHC:8284 MFA No. 7106 of 2017 RESPONDENTS NO.11 TO 13 ARE RESIDING AT HOUSES CONSTRUCTED ON SY NOS.21/1A, AND 21/2, OF NAGARESHWARA NAGANAHALLI, MUNIYAPPA COMPOUND, (OPP MCS CONVENTION HALL ROAD), DR.SHIVARAMAKARANTH NAGAR POST, BANGALORE - 560077. …RESPONDENTS (BY SRI. P.VENKATARAMANA, ADVOCATE FOR R1; SRI. H.T.JAGANNATHA, ADVOCATE FOR R2 AND R3; R5, R7 TO R10 ARE SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 104 READ WITH ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Yashwanth B.N., counsel on behalf of Sri.C.M.Nagabushana for the appellant appeared in person and submits that a memo has been filed stating that the appeal may be dismissed as withdrawn. 2. When queried, counsel submits that a conscious decision is taken about the withdrawal of the appeal. - 5 - HC-KAR NC: 2026:KHC:8284 MFA No. 7106 of 2017 3. Memo is placed on record. 4. Resultantly, the appeal is dismissed as withdrawn. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 11