- 1 - HC-KAR NC: 2026:KHC:31534 RFA No. 258 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 258 OF 2024 (INJ) BETWEEN: SMT. SUNITA PATIL AGED ABOUT 50 YEARS, W/O. UMESH PATIL, RESIDING AT H. NO. 2153, D-BLOCK, OPPOSITE CORPORATION BANK, SAHAKARANAGAR, BENGALURU. …APPELLANT (BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE) AND: 1. SRI. S.M. JAGADESH AGED 42 YEARS, FATHER NAME NOT KNOWN TO THIS PLAINTIFF, RESIDING AT NO. C-4/12, I PHASE, DRDO TOWNSHIP, C.V. RAMAN NAGAR, BENGALURU - 560 093. 2. SRI. JAYANANDA ACHARYA AGED 45 YEARS, S/O. RAJEEVN ACHARYA, RESIDING AT NO. 20/2-4, KALIKAMBA PACKAGING, 24TH MAIN, 19TH CROSS, J. P. NAGAR, V PHASE, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31534 RFA No. 258 of 2024 SRIKANTESHWARA LAYOUT, BENGALURU - 560 078. 3. SMT. KOUSALYA. R AGED ABOUT 80 YEARS, W/O. B. L. RAMA MURTHY, RESIDING AT NO.209, LINK ROAD, SHESHADRIPURAM, BENGALURU - 560 020. 3(A). SMT. VARALAKSHMI JAYAKRISHNA W/O JAYAKRISHNA AGED ABOUT 69 YEARS R/AT NO.54, LAKSHITHA 21/1, 2ND CROSS, MARASHETTIHALLI ROAD SHREESGA HILL VIEW PHASE-4 VARUNA, MYSURU TALUK MYSURU DISTRICT - 570 010. 3(B). R.S. BHAGAVAN S/O LATE B L R MURTHY AGED ABOUT 65 YEARS R/AT NO.209, ANJANEYA TEMPLE 2ND STREET LINK ROAD, OPPOSITE TO MARUTI NURSING HOME SHESHADRIPURAM, BANGALORE - 560 020. 3(C). R. SRIDHAR S/O LATE B L R MURTHY AGED ABOUT 65 YEARS R/AT NO.209, ANJANEYA TEMPLE 2ND STREET LINK ROAD, OPPOSITE TO MARUTI NURSING HOME SHESHADRIPURAM, BANGALORE - 560 020. - 3 - HC-KAR NC: 2026:KHC:31534 RFA No. 258 of 2024 3(D). MANULA PRASAD W/O G.S. PRASAD AGED ABOUT 58 YEARS R/AT NO.58, SRI SAI RESIDENCY FLAT 303, 2ND CROSS, BEHIND TOYOTA SHOW ROOM, VINAYAKA NAGAR, HEBBAL, BENGALURU - 560 024. 4. S.M. SWARNALATHA AGED 55 YEARS, W/O. LATE D. M. SRIKANTAIAH, RESIDING AT NO. 501, B WING, O. K. BLOCK, SALARPURAI, GREEN AGE APARTMENT, BOMMANAHALLI, HOSUR ROAD, BENGALURU - 560 068. 5. SMT. LAKSHMAVVA HADAGALI AGED 73 YEARS, W/O. LATE LOKAPPA HADAGALI, RESIDING AT HOLA ALUR, HOLA ALUR POST, RONA TALUK, GADAG DISTRICT - 582 203. 6. THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH RAOD, KUMARA PARK WEST, BENGALURU. …RESPONDENTS (BY SRI. RAVIKUMAR G.H, ADVOCATE FOR R1, R2, R3(A TO D) AND R4; SRI. B.S. SACHIN, ADVOCATE FOR R6) - 4 - HC-KAR NC: 2026:KHC:31534 RFA No. 258 of 2024 THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 22.08.2023 PASSED ON I.A.NO.3 IN OS.NO.252/2023 ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-44, REJECTING BY EXERCISING POWER UNDER ORDER 7 RULE 11(a) AND (d) OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo to withdraw the appeal. 2. Memo is placed on record. 3. The appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv List No.: 1 Sl No.: 17