- 1 - HC-KAR CNR: KAHC010287582026 NC: 2026:KHC:36015 MFA No. 3067 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3067 OF 2026 (FC) BETWEEN: 1. SMT ELIZABETH U W/O LATE M.P JAYARAJ, AGED ABOUT 57 YEARS, 2. SRI AJITH JAYARAJ @ P.J. AJITH, S/O LATE M.P.JAYARAJ, AGED ABOUT 38 YEARS, SL.NO.1 AND 2 ARE RESIDING AT NO 33/1 AND 33/2, 3RD CROSS, BTS ROAD, WILSON GARDEN, BENGALURU - 560030 …APPELLANTS (BY SRI. H MANJUNATH.,ADVOCATE) AND: 1. SMT NASLEEM JAMAL @ ASHA W/O NOT KNOWN TO APPELLANTS AGED ABOUT 62 YEARS, 2. SMT PRABHA, D/O DEFENDANT NO 1, AGED ABOUT 38 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010287582026 NC: 2026:KHC:36015 MFA No. 3067 of 2026 3. SRI KIRAN, S/O DEFENDANT NO 1, AGED ABOUT 32 YEARS, SL.NO.1 TO 3 ARE RESIDENTS OF NO 1007, 17TH CROSS, 10TH MAIN ROAD, WILSON GARDEN, BENGALURU - 560 030. 4. SMT GAYATHRI W/O NOT KNOWN TO PLAINTIFF, FATHER NAME NOT KNOWN AGED ABOUT 55 YEARS, RESIDENT OF HOLENARASIPURA ROAD KRISHNARAJANAGAR, MYSORE DISTRICT-571 602 5. SMT NIRMALA RAMESH, W/O LATE M.P. RAMESH, AGED ABOUT 52 YEARS, 6. SRI ANUVIND, S/O LATE M.P. RAMESH, AGED ABOUT 23 YEARS, 7. SRI M.P. MANOHAR, S/O LATE PUTTASWAMAPPA, AGED ABOUT 69 YEARS, SL.NO.5 TO 7 ARE R/AT NO 32/2, B.T.S ROAD, WILSON GARDEN, BENGALURU -560 030 - 3 - HC-KAR CNR: KAHC010287582026 NC: 2026:KHC:36015 MFA No. 3067 of 2026 8. SRI M.P. UMESH, S/O LATE PUTTASWAMAPPA, AGED ABOUT 52 YEARS, AT NO 33/1 AND 33/2, 3RD CROSS, BTS ROAD, WILSON GARDEN, BENGALURU - 560 030 9. SMT M.P. HEMAVATHI, S/O LATE PUTTASWAMAPPA, AGED ABOUT 70 YEARS, R/AT NO 32/1, B.T.S ROAD, WILSON GARDEN, BENGALURU - 560 030 10. SMT M.P. JAYALAKSHMI, D/O LATE PUTTASWAMAPPA, W/O SRI NAGARAJU, AGED ABOUT 65 YEARS, RESIDENT OF AMRUTHUR, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 111 11. SMT M.P. VANITHA, D/O LATE PUTTASWAMAPPA, AGED ABOUT 57 YEARS, RESIDENT OF RATHNAVILAS, V.A. LAYOUT, NEAR WATER TANK, NANJUNGUD MYSORE DISTRICT - 573 101 12. SRI LOKESH, S/O FATHER NAME NOT KNOWN, - 4 - HC-KAR CNR: KAHC010287582026 NC: 2026:KHC:36015 MFA No. 3067 of 2026 FLOWER MERCHANT, AGED ABOUT 44 YEARS, 13. SRI ANIL, S/O FATHER NAME NOT KNOWN, PAYING GUEST ACCOMMODATION, AGED ABOUT 36 YEARS, 14. SRI KRISHNAPPA, S/O FATHER NAME NOT KNOWN, AGED ABOUT 58 YEARS, ADDRESS FO SL.NO.12 TO 14 ARE R/AT NO 33/2, BTS ROAD, 3RD CROSS ROAD, WILSON GARDEN, BENGALURU - 560 027. 15. SMT A.N. ROOPASHREE, D/O SRI NAGARAJU, AGED ABOUT 49 YEARS, RESIDENT OF TERUBEEDI, AMRUTHUR VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 111 16. THE COMMISSIONER OF INCOME TAX, C.R BUILDING, QUEENS ROAD, BENGALURU - 560 001 REPRESENTED BY IT'S COMMISSIONER, 17. THE BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BENGALURU - 560 001 REPRESENTED BY IT'S COMMISSIONER - 5 - HC-KAR CNR: KAHC010287582026 NC: 2026:KHC:36015 MFA No. 3067 of 2026 …RESPONDENTS (BY SRI.N.K.DILIP., ADVOCATE FOR R2 AND R3) THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT ACT AGAINST THE JUDGMENT AND DECREE DATED 06.03.2023 ON I.A.NO.XV PASSED IN O.S.NO. 440/2022 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE I.A. NO. XV FILED UNDER ORDER VII RULE 10,10(a) READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellants seeks leave of this Court to withdraw this appeal to file appropriate proceedings before the appropriate forum. 2. Accepting the submission and the memo, the appeal is dismissed as withdrawn, reserving liberty to - 6 - HC-KAR CNR: KAHC010287582026 NC: 2026:KHC:36015 MFA No. 3067 of 2026 the appellants to file appropriate proceedings before the appropriate forum. Time spent herein shall be condoned. 3. Certified copies of the documents produced shall be returned to the learned counsel for the appellants. 4. In view of dismissal of this appeal, pending application, if any, would pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 10