- 1 - HC-KAR NC: 2026:KHC:27436-DB RFA No. 2103 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 2103 OF 2018 (PAR/DEC) BETWEEN: 1. SRI. SANTHOSH.S.KUPPAST AGED ABOUT 56 YEARS, S/O LATE SHREESHAIL KUPPAST, R/AT FLAT NO.301,VARS JACARNDA, FERNS CITY ROAD, DODDANEKUNDI, OFF OUTER RING ROAD, BANGALORE-560 037. 2. SRI. CHETHAN.S.KUPPAST AGED ABOUT 51 YEARS, S/O LATE SHREESHAIL KUPPAST, R/AT LAKSHMI NIVAS, 21ST CROSS,VIJAYANAGARA, VIDYAGIRI, BAGALKOTE. 3. 3(a) SMT. NAGAMANGALA W/O LATE K.P.ASHWATHAIAH, D/O LATE G.GANGADHARAIAH, SINCE DEAD BY HER LR’S, SRI. K.A.VAIDHYANATH AGED ABOUT 56 YEARS, S/O LATE SMT.NAGAMANGALA, R/AT NO.106, SSI AREA, 5TH CROSS, 5TH BLOCK, RAJAJINAGARA, BANGALORE-560 010. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:27436-DB RFA No. 2103 of 2018 3(b) SRI. JNANESH.K.A. S/O LATE SMT.NAGAMANGALA, NO.1036, 1ST FLOOR, 1ST MAIN, 4TH BLOCK, DR.RAJKUMAR ROAD, RAJAJI NAGARA, BENGALURU-560 010. 4. SMT. VEENA RAJASHEKAR AGED ABOUT 72 YEARS, W/O SRI.M.C.RAJASHEKAR, D/O LATE G.GANGADHARAIAH, R/AT TRISHULI, 1ST FLOOR, NO.65, 2ND CROSS, 5TH MAIN, AGS LAYOUT, ANANDANAGARA, BANGALORE-560 024. 5. SMT. SUMANGALA BASAVARAJ AGED ABOUT 66 YEARS, W/O B.D.BASAVARAJ, D/O LATE G.GANGADHARAIAH, R/AT BALLUPET, SAKALESHPURA TALUK, HASSAN DISTRICT-573 214. 6. SMT. PRABHA RAJ W/O T.M.NAGARAJ, AGED ABOUT 62 YEARS, D/O LATE G.GANGADHARAIAH, R/AT NO.14-1-4, RPGT ROAD, HINDUPUR, ANANTHPUR DISTRICT-515 201. …APPELLANTS (BY SRI. S.D.N.PRASAD., ADVOCATE) AND: 1. SMT. NANDINI MANJUNATH AGED ABOUT 54 YEARS, W/O LATE G.MANJUNATH, - 3 - HC-KAR NC: 2026:KHC:27436-DB RFA No. 2103 of 2018 2. SRI. SHATAK MANJUNATH S/O LATE G.MANJUNATHA, AGED ABOUT 32 YEARS, 3. KUMARI SURAKSHA D/O LATE G.MANJUNATHA, ALL ARE R/AT: NO.2236-A, 1ST CROSS ROAD, OPP.POLICE OFFICES, CHANNAPATNA, RAMANAGARA DISTRICT. 4. SRI. BABU BALACHANDER AGED ABOUT 72 YEARS, S/O G.GANGADHAR, R/AT NO.235, 3RD MAIN, 6TH CROSS, 1ST PHASE, 2ND STAGE, B.T.M.LAYOUT, BANGALORE-560 076. 5. M/S. STATE BANK OF MYSORE CHANNAPATTANA BRANCH, MAIN ROAD, RAMANAGARA DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 6. SRI. K.YOGENDRA AGED ABOUT 42 YEARS, S/O SRI.T.KRISHNAPPA, R/AT ACHULU VILLAGE, KAILANCHA HOBLI, K.P DODDI POST, RAMANAGARA TALUK AND DISTRICT. 7. M/S UCO BANK RAMANAGARA BRANCH, AT RAMANAGARA, REPRESENTED BY ITS BRANCH MANAGER. 8. SRI. YELLE GOWDA AGED ABOUT 74 YEARS, S/O LATE CHIKKA YELLE GOWDA, - 4 - HC-KAR NC: 2026:KHC:27436-DB RFA No. 2103 of 2018 9. SRI. H.Y.RAVI KUMAR AGED ABOUT 40 YEARS, S/O SRI. YELLE GOWDA, BOTH ARE R/AT: HOTTIGANA HOSAHALLI VILLAGE, MALOOR HOBLI, CHANNAPATTANA TALUK, RAMANAGARA DISTRICT. 10. SMT. KOMALA CHARAN AGED ABOUT 49 YEARS, W/O LATE CHARAN, DAUGHTER-IN-LAW OF LATE SMT.NAGAMANGALA 11. MASTER YOGESH MINOR, S/O LATE CHARAN, GRANDSON OF LATE SMT. NAGAMANGALA, SINCE MINOR REPRESENTED BY MOTHER/NATURAL GUARDIAN SMT. KOMALA CHARAN, BOTH ARE R/AT NO.18, 80 FEET ROAD, CHANDRA LAYOUT, NAGARABHAVI ROAD, BENGALURU-72. …RESPONDENTS (BY SRI. A.MADHUSUDHANA RAO., ADVOCATE FOR R4) THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 10.09.2018 PASSED IN OS NO.76/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNAPATNA DISMISSING THE SUIT FOR DECLARATION AND PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:27436-DB RFA No. 2103 of 2018 CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) 1. Learned counsel for the appellants states that in view of I.A.No.1/2016 being allowed in RFA No.254/2009, the instant RFA is rendered infructuous. 2. Learned counsel for the appellant has filed a memo in this regard. 3. The memo of withdrawal is accepted and the appeal is dismissed as withdrawn. 4. It is left open for the counsel for the appellants to raise all contentions in RFA No.254/2009. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KS List No.: 1 Sl No.: 5