- 1 - HC-KAR NC: 2026:KHC:23966 MFA No. 3006 of 2026 C/W MFA No. 3008 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.3006 OF 2026 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.3008 OF 2026 (CPC) IN MFA NO.3006/2026 BETWEEN: SRI ANJANA MURTHY, S/O.LATE SANJEEVAPPA, AGED ABOUT 76 YEARS, R/AT KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK-561203 BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI G.S.VENKAT SUBBARAO, ADVOCATE) AND: 1. SMT. RAJESHWARI W/O. LATE RAJASHEKARAIAH AGED ABOUT 74 YEARS, 2. SRI VEERABHADRA ARADHYA S/O. LATE RAJASHEKARAIAH, AGED ABOUT 50 YEARS, 3. SRI R.L. ARADHYA S/O. LATE RAJASHEKARAIAH, AGED ABOUT 48 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23966 MFA No. 3006 of 2026 C/W MFA No. 3008 of 2026 4. SRI R. BHUVANESHWARA S/O. LATE RAJASHEKARAIAH, AGED ABOUT 45 YEARS, 5. SMT. VIJAYAMMA D/O. LATE BASAVALINGAPPA, AGED ABOUT 73 YEARS, 6. SRI CHANDRASHEKAR AADHYA S/O. LATE BASAVALINGAPPA, AGED ABOUT 61 YEARS, 7. SRI SHIVARUDRARADHYA S/O. LATE BASAVALINGAPPA, AGED ABOUT 58 YEARS, 8. SMT. SHAKUNTHALA D/O. LATE BASAVALINGAPPA, AGED ABOUT 56 YEARS, 9. SRI MANJUNATHASWAMY D/O. LATE RUDRA ARADHYA, AGED ABOUT 61 YEARS, RESPONDENT NOS.1 TO 9 ARE RESIDENTS OF KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203. 10. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD., THE SPECIAL LAO-2, NO.39, SHANTHI GRUHA, BHARATH SCOUT AND GUIDE BUILDING, 4TH FLOOR, PALACE ROAD, BANGALORE-560 001. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 06/04/2026 PASSED ON I.A.NO.2/2026 FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC IN R.A.NO.10025/2026 BY THE IV ADDITIONAL DISTRICT - 3 - HC-KAR NC: 2026:KHC:23966 MFA No. 3006 of 2026 C/W MFA No. 3008 of 2026 AND SESSIONS JUDGE DODDABALLAPURA, BENGALURU RURAL DISTRICT. PARTLY ALLOWING THE APPLICATION FILED U/O. VII RULE 11 (a) (b) and (d) CPC. IN MFA NO. 3008/2026 BETWEEN: SRI ANJANA MURTHY, S/O.LATE SANJEEVAPPA, AGED ABOUT 78 YEARS, R/AT KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK-561203 BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI G.S.VENKAT SUBBARAO, ADVOCATE) AND: 1. SMT. RAJESHWARI W/O. LATE RAJASHEKARAIAH AGED ABOUT 74 YEARS, 2. SRI VEERABHADRA ARADHYA S/O. LATE RAJASHEKARAIAH, AGED ABOUT 50 YEARS, 3. SRI R.L. ARADHYA S/O. LATE RAJASHEKARAIAH, AGED ABOUT 48 YEARS, 4. SRI R. BHUVANESHWARA S/O. LATE RAJASHEKARAIAH, AGED ABOUT 45 YEARS, 5. SMT. VIJAYAMMA D/O. LATE BASAVALINGAPPA, AGED ABOUT 73 YEARS, - 4 - HC-KAR NC: 2026:KHC:23966 MFA No. 3006 of 2026 C/W MFA No. 3008 of 2026 6. SRI CHANDRASHEKAR AADHYA S/O. LATE BASAVALINGAPPA, AGED ABOUT 61 YEARS, 7. SRI SHIVARUDRARADHYA S/O. LATE BASAVALINGAPPA, AGED ABOUT 58 YEARS, 8. SMT. SHAKUNTHALA D/O. LATE BASAVALINGAPPA, AGED ABOUT 56 YEARS, 9. SRI MANJUNATHASWAMY D/O. LATE RUDRA ARADHYA, AGED ABOUT 61 YEARS, RESPONDENT NOS.1 TO 9 ARE RESIDENTS OF KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203. 10. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, THE SPECIAL LAO-2, NO.39, SHANTHI GRUHA, BHARATH SCOUT AND GUIDE BUILDING, 4TH FLOOR, PALACE ROAD, BANGALORE-560 001. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 06/04/2026 PASSED ON I.A.NO.3/2026 FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC IN R.A.NO.10025/2026 BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE DODDABALLAPURA, BENGALURU RURAL DISTRICT., PARTLY ALLOWING THE APPLICATION FILED UNDER ORDER VII RULE 11 (a) (b) and (d) CPC. THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:23966 MFA No. 3006 of 2026 C/W MFA No. 3008 of 2026 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT These appeals arise out of the order dated 06.04.2026 passed on I.A.Nos. 2 and 3 filed under Order XXXIX Rule 1 and 2 of CPC in R.A.No.10025/2026 on the file of the IV Additional District and Sessions Judge, Doddaballapura, Bengaluru Rural District. 2. After arguing the matter for sometime, learned counsel for the appellant files memo seeking to withdraw the appeals with liberty to pursue his remedy by filing a necessary application under Order XXXIX Rule 4 CPC before the concerned Court. Memo reads as under: “The appellant in the above case prays that the Hon’ble Court be pleased to permit the appellant to withdraw the above appeal with liberty to approach the appellant Court for vacating the ex parte order in the interest of justice and equity.” 3. Memo is taken on record. - 6 - HC-KAR NC: 2026:KHC:23966 MFA No. 3006 of 2026 C/W MFA No. 3008 of 2026 4. The Miscellaneous First Appeals are dismissed as withdrawn with liberty as prayed for. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 44