- 1 - HC-KAR NC: 2026:KHC:34731 RFA No. 173 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 173 OF 2026 (PAR/POS) BETWEEN: 1. SMT B SHYLAJA AGED ABOUT 55 YEARS, W/O.MADHU, D/O.LATE B.C.CHANNA REDDY, R/AT DOMMASANDRA, SARJAPURA HOBLI, ANEKAL TALUK – 562 106. BANGALORE URBAN DISTRICT …APPELLANT (BY SRI. SHIVARAMU H.C, ADVOCATE) AND: 1. B. C. KUSUMADHAR AGED ABOUT 54 YEARS, S/O.LATE B.C.CHANNA REDDY R/AT. BIKKANAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK – 562 106. BANGALORE URBAN DISTRICT 2. SMT. PRAMILA AGED ABOUT 58 YEARS, W/O. SRINIVASA REDDY S/O.LATE B.C.CHANNA REDDY, RESIDING AT DODDAHUNNASANDRA VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BANGALORE DISTRICT. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34731 RFA No. 173 of 2026 3. SMT. VANAJAKSHI, AGED ABOUT 53 YEARS, W/O. LINGA REDDY, D/O.LATE B.C.CHANNA REDDY R/AT. MULIMANGALA VILLAGE, LAKKUR HOBLI, MALUR TALUK – 563 130. KOLAR DISTRICT. 4. SMT. SAROJAMMA, AGED ABOUT 79 YEARS, W/O.LATE B.C.CHANNA REDDY R/AT. BIKKANAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK – 562 106. BANGALORE URBAN DISTRICT 5. D.S.SHIVAKUMAR, AGED ABOUT 58 YEARS, S/O. SIDDAPPA, RESIDING AT NO.1932/F, 21 MAIN ROAD, H.S.R.LAYOUT, 1 SECTOR, BANGALORE - 560 034. 6. H.N.SURESH, AGED ABOUT 57 YEARS, S/O.H.P.NAGAPPA, RESIDING AT NO.235, 3RD MAIN, 6TH CROSS, 1ST PHASE, 2ND STAGE, BTM LAYOUT, BANGALORE - 560 076. 7. SMT. M. V. DEVIKA, AGED ABOUT 53 YEARS, W/O.MUNISWAMY REDDY, R/AT.CHIKKATHIMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK – 562 106. BANGALORE URBAN DISTRICT 8. M/S. ADARSH DEVELOPERS - 3 - HC-KAR NC: 2026:KHC:34731 RFA No. 173 of 2026 REPRESENTED BY ITS MANAGING PARTNER B.M.KARUNESH, S/O.LATE B.M.MADALAH, HAVING ITS OFFICE AT NO.2/3, LONG FORD GARDEN ROAD, RICHMOND TOWN, BANGALORE - 560 025. 9. R. MUNISWAMY REDDY @ BABU REDDY AGED ABOUT 74 YEARS, S/O. LATE RAMA REDDY, R/AT. FLAT NO.33, NAMBIAR LAYOUT, MUTHANALLURU CIRCLE, SARJAPURA HOBLI, ANEKAL TALUK – 562 106. BANGALORE URBAN DISTRICT 10. M/S. VISMAYA BUILDERS AND DEVELOPERS PRIVATE LIMITED, REPRESENTED BY ITS MANAGING PARTNER B.M.KARUNESH, S/O.LATE B.M.MADAIAH, HAVING ITS OFFICE AT NO.2/3, LONG FORD GARDEN ROAD, RICHMOND TOWN, BANGALORE - 560 025. …RESPONDENTS (BY SRI. RANGANATH REDDY R, ADVOCATE FOR R1) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 26.11.2025 PASSED ON I.A.NO.16 IN OS.NO.1343/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:34731 RFA No. 173 of 2026 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawal of the appeal with liberty to file appeal before the District Court. 2. The memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn with liberty to file an appeal before the District Court. 4. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. 5. Registry is directed to return all the original copies to the appellant/counsel for the appellant by photocopy of the appeal papers at the cost of the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv, ist No.: 1 Sl No.: 19