- 1 - HC-KAR NC: 2026:KHC:29829-DB RFA No. 717 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.717 OF 2020 (PAR) BETWEEN: 1. LATE NARAYANAMMA SINCE DECEASED BY LR 1(a) SMT. YELLAMMA AGED ABOUT 43 YEARS D/O. LATE NARAYANAMMA GRAND DAUGHTER OF LATE MUNISWAMY @ NALLODU RESIDING AT NO.31 PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-560 100. 2. SMT. LAKSHMAMMA AGED ABOUT 57 YEARS D/O. LATE MUNISWAMY @ NALLODU W/O. NARAYANAPPA RESIDING AT NO.542, 29TH CROSS B-BLOCK, J.P. NAGAR MYSURU-570 008. 3. SMT. NARASAMMA AGED ABOUT 36 YEARS D/O. NARAYANAPPA W/O. SRINIVAS RESIDING AT NO.31/1 PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-560 100. Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29829-DB RFA No. 717 of 2020 4. SRI SHANKAR AGED ABOUT 43 YEARS S/O. NARAYANAPPA RESIDING AT NO.31 PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-560 100. 5. SMT. GOWRAMMA AGED ABOUT 40 YEARS D/O. NARAYANAPPA W/O. NAGARAJU RESIDING AT NO.31/2 PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-560 100. 6. SRI K.M. NAGARAJU AGED ABOUT 45 YEARS SON-IN-LAW OF NARAYANAPPA RESIDING AT NO.31/2 PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-560 100. …APPELLANTS (BY SRI PAWAN KUMAR M.N., ADVOCATE) AND: 1. SRI ANNAPPA AGED ABOUT 79 YEARS S/O. LATE MUNISWAMY @ NALLODU RESIDING AT PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-560 100. 2. SRI NARAYANAPPA AGED ABOUT 69 YEARS PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-560 100. 3. SMT. RAMAKKA SINCE DEAD BY LR - 3 - HC-KAR NC: 2026:KHC:29829-DB RFA No. 717 of 2020 3(a) SRI VENKATESH S/O. RAMAKKA AGED ABOUT 59 YEARS RESIDING AT NEAR WATER TANK PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU-560 100. 4. SRI THIMMEGOWDA AGED MAJOR S/O. MOODALAGIRIYAPPA RESIDING AT NO.659 6TH BLOCK, 10TH MAIN ROAD RAJAJINAGAR BENGALURU-560 010. 5. SRI M. KRISHNAPPA AGED ABOUT 67 YEARS S/O. LATE MUNISWAMAPPA RESIDING AT NO.2937/38-E SERVICE ROAD, VIJAYANAGAR 2ND STAGE BENGALURU-560 040. 6. SRI K.B. RAMESH AGED ABOUT 36 YEARS S/O. SRI PARIYANA BORAIAH RESIDING AT NO.35/26 13TH CROSS, 16TH DIVISION AGRAHARA DASARAHALLI MAGADI ROAD BENGALURU-560 079. 7. SRI PRADEEP KRISHNAPPA S/O. SRI M. KRISHNAPPA AGED ABOUT 35 YEARS. 8. SRI PRIYA KRISHNA S/O. SRI M. KRISHNAPPA AGED ABOUT 35 YEARS RESPONDENT NOS.7 AND 8 ARE RESIDING AT NO.2937/38E SERVICE ROAD VIJAYANAGAR 2ND STAGE - 4 - HC-KAR NC: 2026:KHC:29829-DB RFA No. 717 of 2020 BENGALURU-560 040. …RESPONDENTS (BY SRI ARAVIND B. PATIL, ADVOCATE FOR R-6 TO R-8; R-1 TO R-3 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 9-9-2024 SERVICE OF NOTICE TO R-4 AND R-5 IS HELD SUFFICIENT) * * * THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11-10-2019 PASSED IN ORIGINAL SUIT NO.5680 OF 2010 ON THE FILE OF THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION, DECLARATION AND PERMANENT INJUNCTION. THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellants has filed a memo seeking withdrawal of this appeal, submitting that the matter has been settled out of Court. The memo reads as follows: "The undersigned Counsel, under instructions, seeks leave of this Hon'ble Court to withdraw the - 5 - HC-KAR NC: 2026:KHC:29829-DB RFA No. 717 of 2020 subject Appeal as the matter has been settled out of Court. Wherefore, this Hon'ble Court may be pleased to permit the Appellants to withdraw the subject Appeal and dismiss the same as withdrawn, in the interest of justice and equity." Accordingly, the memo is accepted and the appeal is dismissed as withdrawn. All pending interlocutory applications stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 25