- 1 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6629 OF 2019 (CPC) BETWEEN: 1. SMT. ANUSUYA, WIFE OF GURUVA REDDY, AGED ABOUT 52 YEARS. RESIDING AT NO.94, 8TH BLOCK, KORAMANGALA VILLAGE, BANGALORE - 560 095 …APPELLANT (BY SRI. DINESH RAO N.,ADVOCATE) AND: 1. SRI. K. T. KRISHNA REDDY SON OF LATE THIMMA REDDY, AGED ABOUT 71 YEARS. RESIDING AT FLAT NO.301 & 304, 4TH FLOOR, S.V'S RING VIEW SWADHAM SOCIETY, ANUGRAHA LAYOUT, 2ND CROSS, AKASH NAGAR, B NARAYANAPURA, BANGALORE - 560 016. SINCE DECEASED REPRESENTED BY HIS LRS. SMT. PARVATHAMMA, WIFE OF LATE K.T. KRISHNA REDDY, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 AGED ABOUT 65 YEARS. RESIDING AT FLAT NO.301 & 304, 4TH FLOOR, S.V'S RING VIEW, SWADHAM SOCIETY, ANUGRAHA LAYOUT, 2ND CROSS, AKASH NAGAR, B NARAYANAPURA, BANGALORE - 560 016. SINCE DECEASED REPRESENTED BY HIS LRS 2. SRI K.T.JAYARAM REDDY SON OF LATE THIMMA REDDY, AGED ABOUT 70 YEARS, RESIDING AT NO.25, ESHWARA NILAYA, 13TH CROSS, C.V. RAMAN NAGAR POST, KAGGADASAPURA, BANGALORE - 560 093 3. SRI K.T. NARAYAN REDDY SON OF LATE THIMMA REDDY, AGED ABOUT 65 YEARS, RESIDING AT 19TH C CROSS, KAGGADASAPURA EXTENSION, C.V. RAMAN NAGAR POST, BANGALORE - 560 093 4. SRI K.T.NARARAJ REDDY SON OF LATE THIMMA REDDY, AGED ABOUT 60 YEARS, RESIDING AT NO.260/2, BBMP NO.70, 6TH CROSS, KAGGADASAPURA EXTENSION, C.V. RAMAN NAGAR POST, BANGALORE - 560 093 - 3 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 5. SRI K.T. PRASANNA KUMAR SON OF LATE THIMMA REDDY, AGED ABOUT 51 YEARS, RESIDING AT NO.119, 19TH MAIN, KAGGADASAPURA EXTENSION, C.V.RAMAN NAGAR POST, BANGALORE - 560 093 6. SMT RATHNAMMA WIFE OF LATE THIMMA REDDY, RESIDING AT NO.119, 19TH MAIN, KAGGADASAPURA EXTENSION, C.V.RAMAN NAGAR POST, BANGALORE - 560 093 7. SMT GAJALAKSHMI WIFE OF LATE K.T.SRNIVAS REDDY, AGED ABOUT 46 YEARS, RESIDING AT 29TH CROSS, BALAJI LAYOUT, KAGGADASAPURA EXTENSION, C.V.RAMAN NAGAR POST, BANGALORE - 560 093 8. SRI MANJUNATH SON OF LATE K.N.SRNIVASA REDDY, AGED ABOUT 33 YEARS, RESIDING AT 29TH CROSS, BALAJI LAYOUT, KAGGADASAPURA EXTENSION, C.V.RAMAN NAGAR, BANGALORE - 560 093 SRI CHANDRASHEKAR - 4 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 9A. SON OF LATE K.N.SRNIVASA REDDY, AGED ABOUT 32 YEARS, SINCE DECEASED REPRESENTED BY HIS LRS, SMT. SUNITHA WIFE OF LATE CHANDRASHEKAR AGED ABOUT 33 YEARS, 9B. KUM MANUHAMSINI DAUGHTER OF LATE CHANDRASHEKAR AGED ABOUT 6 YEARS, 9C. KUM MANASVINI DAUGHTER OF LATE CHANDRASHEKAR AGED ABOUT 4 YEARS 9B AND 9C SINCE MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER VIZ., PROPOSED DEFENDANT NO.9A 10. SMT SHILPA DAUGHTER OF LATE OF LATE K.T.SRINIVASA REDDY, AGED ABOUT 26 YEARS, ALL RESIDING AT 29TH CROSS, BALAJI LAYOUT, KAGGADASAPURA EXTENSION, C.V. RAMAN NAGAR, BANGALORE - 560 093 11. SMT SHANTHAMMA WIFE OF MUNI REDDY, - 5 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 DAUTHTER OF LATE THIMMA REDDY, AGED ABOUT 60 YEARS, RESIDING KOODLUE VILLAGE, ANEKAL TALUK, BANGALORE DISTRICT 12. SMT VIJAYALAKSHMI WIFE OF NANJA REDDY, DAUTHTER OF LATE THIMMA REDDY, AGED ABOUT 70 YEARS, RESIDING AT MALLASANDRA, HOSUR, DHARMAPURI DISTRICT. 13. SMT AMBUJA WIFE OF BABU REDDY, DAUTHTER OF LATE THIMMA REDDY, AGED ABOUT 52 YEARS, RESIDING AT MUTHSANDRA VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL 14. SMT BHARATHI WIFE OF SRI MANJUNATH REDDY, AGED ABOUT 33 YEARS, RESIDING AT NO. 404, 8TH CROSS, MUNEEKOLALU MARTHAHALLI POST, BANGALORE - 560 037 15. SMT BHAVYA WIFE OF SRI JANARDHAN REDDY, DAUGHTER OF LATE JAYALAKSHMI, AGED ABOUT 45 YEARS, - 6 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 RESIDING AT NO. 87, 3RD STREET, MURUGESH PALYA, AIR PON ROAD, BANGALORE - 560 017 16. ROOPA DAUGHTER OF LATE JAYALAKSHMI, AGED ABOUT 36 YEARS, NO.271, 9TH CROSS, VISHWAPRIYA NAGAR, BEGUR, BANGALORE - 560 068 17. SMT DEEPASHREE DAUGHTER OF LATE JAYALAKSHMI, WIFE OF SRI RAGHURAMA REDDY, AGED ABOUT 34 YEARS, RESIDING AT NO.5, 10TH CROSS, SARAKKI, J P NAGAR, BANGALORE - 560 078 18. SMT VEENA WIFE OF SRI RAVINDRA REDDY, DAUGHTER OF SRI K.T.KRISHNA REDDY, AGED ABOUT 32 YEARS, RESIDING AT FLAT NO. 101, 2ND FLOOR S.V'S RING VIEW, GIRIDHAMA, ANUGRAHA LAYOUT, 2ND CROSS, AKASH NAGAR B NARAYANAPURA, BANGALORE - 560 016 19. SRI NAVEEN KRISHNA REDDY @ K NAVEEN SON OF SRI K.T. KRISHNA REDDY, AGED ABOUT 37 YEARS, RESIDING AT FLAT NO.301 & 304, - 7 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 4TH FLOOR, S.V'S RING VIEW, SWADHAM SOCIETY, ANUGRAHA LAYOUT, 2ND CROSS, AKASH NAGAR, B NARAYANAPURA, BANGALORE - 560 016 20. SMT NAGARATHNA S MURTHY WIFE OF SRI H.S.SRIDHAR MURTHY, AGED MAJOR, RESIDING AT NO. 848, 1ST MAIN, 1ST BLOCK, HAL 3RD STAGE, BANGALORE - 560 075 21. M/S GEETHANJALI EDUCATION SOCIETY (R) A REGISTERED SOCIETY HAVING ITS OFFICE AT NO.844, 1ST MAIN, 1ST BLOCK, HAL III STAGE, BANGALORE - 560 075. REPRESENTED BY ITS CHAIRMAN, SRI H.S. SRIDHAR MURTHY, AGED ABOUT 53 YEARS, SON OF LATE SEETHARAMAIAH, RESIDING AT NO.848, 1ST MAIN, 1ST BLOCK, HAL III STAGE, BANGALORE - 560 075. 22. SRI V SURESH SON OF LATE VENKATARAMAIAH, AGED ABOUT 40 YEARS, RESIDING AT NO.65, A NARAYANAPURA, D.V.NAGAR POST, BANGALORE - 560 075. - 8 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 23. SRI N RAGHURAM REDDY SON OF LATE NINGAPPA REDDY, AGED ABOUT 33 YEARS, RESIDING AT NO.8, VENKATESHWARA NILAYA, PWD ROAD, B NARAYANAPURA, D.V. NARAG POST, BANGALORE - 560 016 24. SRI R JAYARAMAN SON OF LATE RAMASWAMY RAJU, AGED ABOUT 66 YEARS, RESIDING AT NO.54, WEST STREET, THIRUKOILUR, VILUPURAM DISTRICT, TAMIL NADU - 605 757 25. M/S ARRCONS, BUILDERS AND DEVELOPERS A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.3. 1ST FLOOR, NANJAPPA REDDY LAYOUT, 2ND CROSS, KAGGADASAPURA, C.V.RAMAN NAGAR, BANGALORE - 560 093. REPRESENTED BY ITS MANAGING PARTNER, MR. M ANIL KUMAR REDDY. 26. M/S V S BUILDERS A PROPRIETORSHIP FIRM, HAVING ITS OFFICE AT FLAT NO.501, KEERTHI RESIDENCY, PAI LAYOUT, DOORVANI NAGAR POST, BANGALORE - 560 016. REPRESENTED BY ITS MANAGING PROPRIETOR MR. B. SRIKANTH. - 9 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 27. 27A. 27B. 27C. M/S R AND D CONSTRUCTIONS HAVING ITS OFFICE AT NO.6 AND 7, 4TH CROSS, ABBAISH REDDY LAYOUT, C.V.RAMAN NAGAR POST, BANGALORE - 560 093. REPRESENTED BY ITS PARTNERS. SRI G M RAMAKRISHNA REDDY, SON OF LATE NARISHMA REDDY, AGED ABOUT 57 YEARS, SMT LATHA M REDDY, WIFE OF K V M REDDY, AGED ABOUT 43 YEARS. SRI M NAGARAJA REDDY, SON OF SRI MUNI REDDY, AGED ABOUT 58 YEARS. 28. 28A. 28B. M/S PRIME BUILDERS AND DEVELOPERS HAVING ITS OFFICE AT NO.153, NEW THIPPASANDRA MAIN ROAD, BANGALORE - 560 075, REPRESENTED BY ITS MANAGING PARTNERS. SRI S JAYACHANDRA REDDY, SON OF SRI NAGI REDDY, AGED ABOUT 42 YEARS. SRI PRAKASH NAIDU, SON OF RAJAGOPAL NAIDU, AGED ABOUT 39 YEARS. - 10 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 29. MRS NAYANA SAGAR WIFE OF SRI YOGESH SAGAR, AGED ABOUT 56 YEARS. RESIDING AT NO.806/2 A, VINAYAKA COMPLEX, NEW THIPPASANDRA MAIN ROAD, BANGALORE - 560 075 30. MR AMUL K BRAHMBHATH SON OF MR KANU BHAI, AGED ABOUT 49 YEARS. RESIDING AT NO.806/2 A VINAYAKA COMPLEX, NEW THIPPASANDRA MAIN ROAD, BANGALORE - 560 075 31. SRI G SHANMUGAM SON OF SRI GOPAL, AGED ABOUT 52 YEARS. RESIDING AT NO.30, 8TH CROSS VIGNANA NAGAR, NEAR THIPPASANDRA POST, BANGALORE - 560 075 32. SMT N SUDHA DAUGHTER OF K.T.NARAYAN REDDY, AGED ABOUT 37 YEARS. RESIDING AT NO.257, 19TH CROSS OPP. RAILWAY GATE, KAGGADASAPURA, C.V.RAMAN NAGAR POST, BANGALORE - 560 093 - 11 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 33. SRI B SHIVARAJA SON OF SRI K BHASKARAN, AGED ABOUT 62 YEARS. RESIDING AT NO.80, "NIDHI" BHOOMI REDDY LAYOUT, NEW THIPPASANDRA, BANGALORE - 560 075 34. MR HANCHATE KRISHNA KUMAR SON OF HANCHATE SRINIVASA RAO, AGED ABOUT 37 YEARS. RESIDING AT NO.302, 2ND FLOOR, RESIDENCY FLAT, 4TH CROSS, AIYAPPA LAYOUT, MARATHALLI POST, BANGALORE - 560 037 35. MR P SUBRAMANYAM SON OF PALANISWAMY, AGED ABOUT 57 YEARS. RESIDING AT NO.126, KONDAPPA LAYOUT, NEAR GEETHANJALI SCHOOL, KAGGADASPURA, BANGALORE - 560 093 36. SRI KISHORE S SON OF SUBBARAYALU, AGED ABOUT 30 YEARS. RESIDING AT NO.57/124, VALLALAR NAGAR, PONDY ROAD, E B BACK SIDE, TINDIVANAM, CHENNAI. - 12 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 37. SRI BHARATWAJ S SON OF SUBBARAYALU, AGED ABOUT 32 YEARS. RESIDING AT NO.57/124, VALLALAR NAGAR, PONDY ROADY, E B BACK SIDE, TINDIVANAM, CHENNAI - 604 002 38. SRI MAHENTESHAIAH SON OF SRI HANUMANTHAPPA, AGED ABOUT 46 YEARS. RESIDING AT NO.16, NAVODAYA, NANDANAVANAM D CROSS, ULSOOR, BANGALORE - 560 008 39. CHANDRAKALA WIFE OF SRI MAHENTPSHAIAH, AGED ABOUT 36 YEARS. RESIDING AT NO.16, NAVODAYA, NANDANAVANAM D CROSS, ULSOOR, BANGALORE - 560 008 40. SRI G S MANOJ KUMAR WIFE OF GOVINDAN KUTTI NAIR, AGED IN MAJOR, RESIDING AT fLAT NO. 302, S R REGENCY, MARUTHI NAGAR, MALLESHPALAYA EXTN. BANGALORE - 560 075 41. SMT K BHAGYALAKSHMI WIFE OF SRI K.V.RAJASHEKARA, RESIDING AT NO.17, 3RD CROSS, - 13 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 KODIHALLI RIGHT SIDE MAIN ROAD, KODIHALLI, BANGALORE - 560 008 42. MR SAMSON S. SON OF SRI SAM WILSON DAS, AGED ABOUT 35 YEARS. RESIDING AT NO.113/3, 1ST MAIN, 1ST CROSS, MALLESHPALYA, BANGALORE - 560 075 43. MR ANISH JOSE PUTHUKULANGARA SON OF MR JOSE PUTHUKULANGARA, AGED ABOUT 38 YEARS. RESIDING AT NO.26, KUVEMPU ROAD, VIGNANA NAGAR, BANGALORE - 560 075 44. SRI SEKAR SON OF SHANKARVARTHY PILLAI, AGED ABOUT 41 YEARS. RESIDING AT KONDAPPA LAYOUT, NEAR GEETHANJALI SCHOOL, KAGGADASAPURA, BANGALORE - 560 093 45. ANDRTWS NETLAS SON OF MR SUSAYYAH, AGED IN MAJOR, RESIDING AT NO.29 ARADHANA 3RD CROSS, ANUGRAHA LAYOUT, AKASH NAGAR, - 14 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 B NARAYANAPURA, BANGALORE - 560 016 46. MR SEVTAPPA SON OF MR GOVINDAN, AGED ABOUT 53 YEARS, RESIDING AT NO. 660, 5TH A CROSS, NEW THIPPASANDRA, BANGALORE - 560 075 47. MR ELUMALAI SON OF MAPICKAM PILLAI, AGED ABOUT 41 YEARS, RESIDING AT KONDAPPA LAYOUT, NEAR GEETHANJALI SCHOOL, KAGGADASPURA, BANGALORE - 560 093 48. MRS SARAMMA JOSEPH WIFE OF M.D.JOSEPH, AGED IN MAJOR, RESIDING AT NO.30, ANUGRAHA VISHWAJITH LAYOUT, VIGNANA NAGAR, BANGALORE - 560 075 49. MR SASIKANTA PARIDA SON OF SRI GOLAK CHANDRA PARIDA, AGED ABOUT 59 YEARS, RESIDING AT NO.12, SAI ARPAN, ANJENEYA TEMPLE ROAD, BYRASANDRA, C.V.RAMAN NAGAR POST, BANGALORE - 560 093 - 15 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 50. SMT K P KAMALAM WIFE OF LATE C SRIDHARAN, AGED ABOUT 65 YEARS, REPRESENTED BY HER GPA HOLDER SRI G PRAMOD SON OF GOPALAN, RESIDENT OF NO.153, 5TH CROSS, SIDDAPURA, JAYANAGAR 1ST BLOCK, BANGALORE - 560 011. …RESPONDENTS (BY SRI. B.N. KRISHNAPPA, ADVOCATE FOR R1(A) SRI. K.G. SADASHIVAIAH, ADVOCATE FOR R7 TO R10 SRI. R.B. SADASIVAPPA, ADVOCATE FOR R50) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.10.04.2019 PASSED ON IA NO.1 AND 2 IN O.S.NO.25714/2013 ON THE FILE OF THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU, (CCH-73), REJECTING IA NO.1/13 FILED U/O.39 RULES 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 16 - HC-KAR NC: 2026:KHC:28856 MFA No. 6629 of 2019 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. 2. The memo is accepted. 3. The appeal is dismissed as withdrawn as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 2