- 1 - HC-KAR NC: 2026:KHC:13529 MFA No. 6720 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.6720 OF 2024 (AA) BETWEEN: SRI VISHWANATH ABBAIAH AGED ABOUT 42 YEARS, SON OF LATE SRI. ABBAIAH, R/AT NO.15/1, PUTTAIAHNAPALYA, 2ND MAIN ROAD, 9TH BLOCK, JAYANAGAR, BENGALURU-560069. …APPELLANT (BY MS. MEGHANA BALLAL, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE) AND: 1. SRI RAMAKRISHNA REDDY AGED BOUT 77 YEARS,. SON OF MUNIYAPPA REDDY, RESIDING AT NO.236 HALANAYAKANAHALLI, CARMELARAM, BENGALURU-560035 2. SMT.BABITHA CHANDRASHEKAR AGED ABOUT 50 YEARS, WIFE OF SRI.CHANDRASHEKAR MUNIYAPPA, RESIDING AT BHAVANA, NO.6, 19TH CROSS, 1ST MAIN, B.K. NAGAR, YESHWANTHAPUR, BENGALURU-560022. 3. SRI. VENUGOPAL .R AGED ABOUT 47 YEARS, SON OF SRI.RAMAKRISHNA REDDY, RESIDING AT NO.39, HALANAYAKANAHALLI, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13529 MFA No. 6720 of 2024 SARJAPURA ROAD, BENGALURU-560035 4. SRI. THARUN .V AGED ABOUT 22 YEARS, SON OF SRI. VENUGOPAL .R RESIDING AT HALANAYAKANAHALLI, CARMELARAM, BENGALURU-560035 5. SMT. MALATHI AGED ABOUT 46 YEARS, DAUGHTER OF SRI. RAMAKRISHNA REDDY, WIFE OF SRI N. NARENDRA KUMAR, RESIDING AT NO.647, 30TH MAIN, 11TH B CROSS, J.P. NAGAR, BENGALURU-560078. 6. SRI. R. ANIL KUMAR AGED ABOUT 45 YEARS, SON OF SRI RAMAKRISHNA REDDY, R/AT #39, HALANAYAKANAHALLI, CARMELARAM, BENGALURU-560035. 7. SRI. MOHAN REDDY AGED ABOUT 72 YEARS, SON OF SRI.MUNIYAPPA REDDY, R/AT #39, HALANAYAKANAHALLI, CARMELARAM, BENGALURU-560035. 8. SMT. H.M. LATHA AGED ABOUT 44 YEARS, DAUGHTER OF SRI H.M. MOHAN REDDY, RESIDING AT NO.153, HALANAYAKANAHALLI, CARMELARAM, BENGALURU-560035. 9. SRI. H.M. PRAKASH AGED ABOUT 65 YEARS, SON OF SRI MUNIYAPPA REDDY, RESIDING AT NO 39, VARTHUR HOBLI, HALANAYAKANAHALLI, JUNNASANDRA, CARMELARAM, BENGALURU-560035. - 3 - HC-KAR NC: 2026:KHC:13529 MFA No. 6720 of 2024 10. SRI.CHETAN .P AGED ABOUT 33 YEARS, SON OF SRI. PRAKASH H.M., R/AT NO.223, RBR LAYOUT, NEAR WIPRO GATE SARJAPUR ROAD, JUNNASANDRA, BENGALURU-560035. 11. SMT. H.M. RAMAKKA AGED ABOUT 79 YEARS, DAUGHTER OF LATE SRI MUNIYAPPA REDDY, WIFE OF SRI P. SEETHARAMA REDDY, R/AT 31, MAHESHWARAMMA TEMPLE, APPAREDDY PALYA, BENGALURU NORTH, BENGALURU-560038. 12. SMT. H.M. SARASWATHI AGED ABOUT 71 YEARS, DAUGHTER OF LATE SRI. MUNIYAPPA REDDY, WIFE OF SRI A. ANKANNA, RESIDING AT NO.1636, 26TH MAIN, 2ND SECTOR, BENGALURU-560102. 13. SMT. H.M. VIJAYAMMA AGED ABOUT 71 YEARS, DAUGHTER OF LATE SRI MUNIYAPPA REDDY, RESIDING AT NO.59, RAYASANDRA, KUDLU PANCHAYAT, HUSKUR, BENGALURU-560099. 14. SMT. BHARATHI AGED ABOUT 62 YEARS, DAUGHTER OF LATE SRI.MUNIYAPPA REDDY, WIFE OF SRI GOPAL REDDY, AMRUTHANANDAMAY COLLEGE ROAD, NEAR BRS SCHOOL, KASAVANAHALLI, KAIKONDRAHALLI, BENGALURU-560035. 15. SMT. H.M. SHYLA AGED ABOUT 59 YEARS, DAUGHTER OF LATE MUNIYAPPA REDDY, - 4 - HC-KAR NC: 2026:KHC:13529 MFA No. 6720 of 2024 WIFE OF SRI K.N. SHEKAR, RESIDING AT NO.625, SRI. NARAYANAKRUPA, 17TH A MAIN, 6TH BLOCK, KORAMNGALA, BENGALURU-560095. 16. SRI. H.R. NATARAJ AGED ABOUT 57 YEARS, SON OF LATE SRI. RUDRAPPA .H R/AT NO.812, 12TH MAIN ROAD, VINAYAKA LAYOUT, NAGARBHAVI 2ND STAGE, BENGALURU-560072. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER DATED 12.09.2024 PASSED ON I.A.NO.2 IN A.A.NO.39/2024 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-30), ISSUING EMERGENT NOTICE ON I.A.NO.2 AND NOTICE ON ARBITRATION APPLICATION TO THE RESPONDENTS FILED UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W ORDER 39 RULES 1 AND 2 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 appearing for the appellant has filed a memo seeking to withdrawal of the appeal, which reads as under: "1. This MFA is filed under Section 37(1)(b) of the Arbitration and Conciliation act, against the order dated 12.09.2024 passed on I.A.no.2 in - 5 - HC-KAR NC: 2026:KHC:13529 MFA No. 6720 of 2024 A.A.No.42/2024 on the file of the XXIX Additional City Civil and Sessions judge, Bengaluru (CCH--30), passed on order of issuing emergent notice on I.A.No.2 and notice on arbitration application to the respondents. 2. The Registry raised an objection regarding maintainability of the appeal against the order passed by the XXIX Additional city civil judge, Bengaluru. 3. Therefore, the petitioner has filed this present memo without prejudice to the rights and contentions raised in the present petition. In the light of the above facts, the petitioner craves leave of this Hon'ble court to withdraw the petition with liberty to file a fresh petition in case of need/the benefit of the old scheme is not extended to the petitioner." 2. In view of the memo, the appeal is dismissed as withdrawn. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 6