- 1 - HC-KAR NC: 2026:KHC:32195 RFA No. 430 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO.430 OF 2018 (DEC/INJ) BETWEEN: 1. SMT. VATSALA KUMARI AGED ABOUT 80 YEARS D/O LATE G.S. NARAYANAN R/O NO.119, 1ST CROSS III STAGE, KIRLOSKAR COLONY NEAR KAMALA NAGAR WATER TANK KAMALA NAGARA BASAVESHWARA NAGARA BENGALURU-560 079. 2. SMT. SARASWATHI AGED ABOUT 78 YEARS GPA TO BE FILED D/O LATE G.S. NARAYANAN R/O NO.905, II MAIN ROAD IV BLOCK, RAJAJINAGARA BENGALURU-560 010. 3. SRI. G.N. GAJANAN AGED ABOUT 73 YEARS S/O LATE G.S.NARAYANAN, R/O NO.405, 8TH MAIN I BLOCK, KALYANA NAGAR BENGALURU-560 043. 4. SRI. G.N.SUBRAMANYAM AGED ABOUT 70 YEARS S/O LATE G.S.NARAYANAN R/O NO.29, 1ST CROSS Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32195 RFA No. 430 of 2018 S.V.K. LAYOUT BASAVESHWARA NAGARA BENGALURU-560 079. APPELLANT NOS.1 TO 4 ARE REPRESENTED BY THEIR PA HOLDER G.N. RAVI SHANKAR 5. SRI. G.N. RAVISHNAKAR AGED ABOUT 65 YEARS S/O LATE G.S.NARAYANAN BANK EMPLOYEE R/AT NO.S-119, 1ST CROSS III STAGE, KIROLOSKAR COLONY NEAR KAMALA NAGARA WATER TANK, KAMALANAGARA BASAVESHWARANAGAR BENGALURU-560 079. …APPELLANTS (BY SRI. N.S. SHESHADRI AND Y. MOHAN, ADVOCATES) AND: 1. SRI. SYED MASTAN S/O SYED MAHABOOB AGED ABOUT 49 YEARS BUSINESSMAN, R/O. NO.87 DARGA MOHALLA OLD MADRAS ROAD NEAR K.R.PURAM RAILWAY STATION DOORVANINAGAR BENGALURU-560 016. 2. SRI. G.V.SUBRAMANYA - IYER AGED ABOUT 90 YEARS S/O LATE G.S.VENKATESH IYER ADVOCATE CHENNAI BAR ASSOCIATION CHENNAI, - 3 - HC-KAR NC: 2026:KHC:32195 RFA No. 430 of 2018 TAMILNADU-600 001. 3. SRI. G.V. VISHWANATHAN AGED ABOUT 82 YEARS S/O LATE G.S. VENKATESH IYER R/O DEVARAYASAMUDRA VILLAGE AVANI HOBLI, MULBAGAL TALUK KOLAR DISTRICT-563 131. 4. SRI. G.V.CHANDRASHEKAR IYER AGED ABOUT 87 YEARS S/O LATE G.S. VENKATESH IYER C/O G.S. SRINIVASAN ASST. ENGINEER, NMAMIT, NITTE, UDUPI DISTRICT-574 110. 5. SRI. G.V. NAGARAJA IYER AGED ABOUT 78 YEARS S/O LATE G.S. VENKATESH IYER R/O NO.331, 19TH E MAIN ROAD I 'N' BLOCK, RAJAJINAGARA BENGALURU-560 010. 6. SRI. G.V. ANANATHARAMAN AGED ABOUT 75 YEARS S/O LATE G.S. VENKATESH IYER R/O NO.1551, 'PRAKRUTHI' 13TH MAIN, 1ST STAGE KUMARA SWAMY LAYOUT BENGALURU-560 078. 7. SMT. G.V.SUBRADRA AGED ABOUT 73 YEARS W/O KRISHNA IYER D/O LATE G.S. VENKATESH IYER R/O NO.145, 'RAJATHADRI' III MAIN ROAD, BETWEEN 3RD AND 4TH CROSS, RAMANJANEYA HOUSE BUILDING CO-OP. SOCIETY LAYOUT, CHIKKALASANDRA - 4 - HC-KAR NC: 2026:KHC:32195 RFA No. 430 of 2018 BENGALURU-560 061. 8. SRI. G.V. DWARAKANATHAN AGED ABOUT 70 YEARS S/O LATE G.S.VENKATESH IYER R/O NO.3814, 6TH CROSS GAYATHRI NAGARA BENGALURU-560 021. 9. SMT. G.V. SARASWATHI AGED ABOUT 67 YEARS W/O VASUDEVAN D/O LATE G.S.VENKATESH IYER R/O NO.67, 7TH MAIN III PHASE, J.P.NAGAR BENGALURU-560 078. 10. SMT. G.V. SAVITHRI AGED ABOUT 55 YEARS W/O SHIVASHANKAR D/O LATE G.S.VENKATESH IYER R/O NO.60/1, V MAIN ROAD DATTATREYA NAGARA HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560 085. 11. SRI. G.V.NATARAJAN AGED ABOUT S/O LATE G.S. VENKATESH IYER R/O NO.9/2, 9TH MAIN BANASHANKARI 1ST STAGE 2ND BLOCK, BENGALURU-50. …RESPONDENTS (VIDE ORDER DATED 26.03.2026, R3 TO R11 ARE TREATED AS LRs OF R2; R5, R6, R7, R8 - SERVED AND UNREPRESENTED) - 5 - HC-KAR NC: 2026:KHC:32195 RFA No. 430 of 2018 THIS RFA IS FILED UNDER SECTION 96 OF THE CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE/ORDERS DATED 07.09.2015 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE & JMFC., KOLAR (ITINERATING AT MULBAGAL) WHEREIN THE APPLICATION FILED UNDER ORDER 7 RULE 11 (a) OF CPC., WAS ALLOWED AND HEREBY REJECTING THE PLAINT, ETC. THIS APPEAL COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL JUDGMENT 1. The appellants have challenged the impugned judgment and decree/order dated 07.09.2015 passed in O.S.No.36/2012 on the file of II Addl. Sr. Civil Judge & JMFC, Kolar (Itinerating at Mulbagal). 2. It is seen that the trial Court has allowed an application filed under Order VII Rule 11 (a) read with Section 151 of CPC by defendant no.1/respondent no.1 and has rejected the plaint filed by the plaintiffs/appellants herein. - 6 - HC-KAR NC: 2026:KHC:32195 RFA No. 430 of 2018 3. The operative portion of the impugned order reads as under: (a) I.A.No.IV filed U/O.7 Rule 11(a) r/w.sec.151 of CPC by the defendant No.1 is hereby allowed. (b) The plaint is rejected since there is no cause of action for the plaintiffs to file this suit for partition. (c) The plaintiffs are at liberty to claim partition if restoration orders passed by the learned A.C is set aside or cancelled. (d) No order as to costs. (f) Draw decree accordingly." 4. The appellants have challenged the aforementioned impugned order. However, in the course of the proceedings the appellants have filed I.A.No.1/2026 with the following prayer: "For the reason stated in the accompanying affidavit the Appellants pray that this Hon'ble Court be pleased to permit them to withdraw the appeal and prosecute the suit in O.S.No.36/2012, as per the liberty granted by the Hon'ble Trial court vide order dated 07.09.2015 while allowing Order 7 Rule 11-A read with Section 151 of CPC and pass such other orders in the interest of justice and equity." - 7 - HC-KAR NC: 2026:KHC:32195 RFA No. 430 of 2018 5. The appellants further submit that, in the light of liberty granted by the trial Court, they are desirous of working out their remedy accordingly rather than pursuing the present appeal and hence, they intend to withdraw the appeal. 6. Hence, the following: ORDER i. Accepting the cause shown, I.A.No.1/2026 is hereby allowed; ii. Consequently, the appeal stands dismissed reserving the liberty to the appellants to institute such other proceedings in terms of the impugned order; iii. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 2 Sl No.: 4