- 1 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 56772 OF 2016 (KVOA) C/W WRIT PETITION NO. 56773 OF 2016 IN WP No. 56772/2016 BETWEEN: 1. (SMT. BERNADITTA JOSE) (DEAD), R/A NO.9/1, PIPELINE ROAD, BAHUBALINAGAR, JALAHALLI, BENGALURU - 560 013. SINCE DEAD BY LRS (a) JOSE SABASTIAN, S/O DEVASIA DEVASIA, AGED ABOUT 75 YEARS, R/AT NO.9/1, PIPELINE ROAD, BAHUBALINAGAR, JALAHALLI, BENGALURU - 560 013. (b) BRYEN STIENBERG, S/O JOSE SABASTIAN, AGED ABOUT 36 YEARS, R/AT NO.9/1, PIPELINE ROAD, BAHUBALINAGAR, JALAHALLI, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 BENGALURU - 560 013. 2. SRI. THOMAS BRESBEE, S/O LATE K.T.BERNARD, AGED ABOUT 59 YEARS, R/AT NO.9/1, PIPELINE ROAD, BAHUBALINAGAR, JALAHALLI, BENGALURU - 560 013. …PETITIONERS (BY SRI.JOSE SEBASTIAN, ADVOCATE) AND: 1. SRI. M.S.MAHADEVAIAH, S/O MR. SHIVANNA, AGED ABOUT 39 YEARS, R/A NO.59, K.M.C., PALACE ROAD, VASANTHNAGAR, BENGALURU - 560 052. 2. SMT. SAROJA (DEAD), W/O SRI. R. GOPAL, NO.274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. 3. SRI. R. GOPAL (DEAD), S/O LATE JAMATHI RAMAIAH, NO.274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. SINCE RESPONDENTS NO.2 & 3 ARE DEAD THEY ARE REPRESENTED BY - 3 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 (a) THEIR LEGAL HEIRS SMT. R.G.USHA, W/O M.S. SRIRANGA MURTHY, AGED ABOUT 49 YEARS, R/A NO.1274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. (b) SMT. R.G.SUJATHA, W/O Y.N.NAGARAJ, AGED ABOUT 47 YEARS, R/A NO.1274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. (c) SMT. R.G.KAVITHA, W/O K. NARASIMHA MURTHY, AGED ABOUT 45 YEARS, R/A NO.1274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. 4. (a) SRI. ANJANAPPA, SINCE DEAD BY HIS LRS SMT. AKKAMMA, W/O LATE ANJANAPPA, AGED ABOUT 51 YEARS, R/A AGARA, YELAHANKA HOBLI, BENGALURU NORTH TALUK. (b) SRI. JAYARAM, S/O LATE ANJANAPPA, AGED ABOUT 31 YEARS, - 4 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 R/A AGARA, YELAHANKA HOBLI, BENGALURU NORTH TALUK. (c) SMT. PUTTAMMA (DEAD), D/O LATE ANJANAPPA, AGED ABOUT 45 YEARS, R/A AGARA, YELAHANKA HOBLI, BENGALURU NORTH TALUK. 5. (a) SRI. THIRUMALAPPA, SINCE DEAD HIS LRS SMT. THIMMAKKA, W/O LATE THIRUMALAPPA, AGED ABOUT 50 YEARS, R/A KOGILU VILLAGE, A K COLONY, YELAHANKA HOBLI, BENGALURU NORTH TALUK. (b) SRI. SHIVANNA, S/O LATE THIRUMALAPPA, AGED ABOUT 35 YEARS, R/A KOGILU VILLAGE, A K COLONY, YELAHANKA HOBLI, BENGALURU NORTH TALUK. (c) SRI. ANJINAPPA, S/O LATE THIRUMALAPPA, AGED ABOUT 31 YEARS, R/A KOGILU VILLAGE, A.K.COLONY, YELAHANKA HOBLI, BENGALURU NORTH TALUK. - 5 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 6. SRI. ANJANAPPA, S/O LATE HANUMAIAH, AGED ABOUT 54 YEARS, R/A JAKKUR, BENGALURU NORTH TALUK. 7. SMT. VENKATAMMA, W/O SEENAPPA, MAJOR, R/AT KOGILU, A.K.COLONY, YELAHANKA HOBLI, BENGALURU NORTH TALUK. 8. (a) SMT. HONNA HANUMAKKA, SINCE DEAD BY HER LRS SMT. MUNIYAMMA (DEAD) D/O HONNA HANUMAKKA, MAJOR, R/AT AGRAHARA, YELAHANKA HOBLI, BENGALURU NORTH TALUK. 9. (a) SMT. KARIYAMMA, KOM: KUMBALA BIN LATE THIRUMALA, SINCE DEAD BY HER LRS SMT. MUNIYAMMA (DEAD), D/O LATE KARIYAMMA, AGED ABOUT 50 YEARS, R/AT AGRAHARA VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK. (b) SMT. MUNILAKSHMAMMA, D/O LATE KARIYAMMA, - 6 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 AGED ABOUT 45 YEARS, R/AT AGRAHARA VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH. 10. THE TAHSILDAR, YELAHANKA NEW TOWN, BENGALURU - 560 064. 11. SMT. RATHNAMMA, D/O LATE GULLAPPA, AGED ABOUT 48 YEARS, R/AT ANUVANMAHALLI VILLAGE, SULEBELE POST, HOSKOTE TALUK, BENGALURU DISTRICT. 12. SRI. G.N.RAMESH, S/O G.K.NARASIMHAMURTHY, AGED ABOUT 57 YEARS, R/AT NO.B-5, 3RD CROSS, VIDYANAGAR, MANDYA. 13. SMT. SUMITRA, D/O SANNALIYAPPA, AGED ABOUT 39 YEARS, R/AT NO.16, 7TH LINE, 3RD BLOCK, DASAPPA LAYOUT, RAMAMURTHINAGAR, BENGALURU - 560 016. …RESPONDENTS (BY SRI.H.R.ANANTHAKRISHNA MURTHY, ADVOCATE FOR R1; R2(a), R3(a), R4(a), R4(b), R5(a TO c), R6, R7, R9(b), R12 ARE SERVED AND UNREPRESENTED; NOTICE TO R2(b & c), & R3(b & c) IS HELD SUFFICIENT VIDE ORDER DATED 12.04.2022; - 7 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 NOTICE TO R4(c), R8(a), R9(a) & R13 IS DISPENSED WITH VIDE ORDER DATED 12.04.2022; SRI.MAHANTESH SHETTAR, AGA FOR R10; SRI.A.SAMPATH, ADVOCATE FOR R11) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE QUASHING OF THE IMPUGNED ORDER IN ALLOWING THE APPLICATION FOR AMENDMENT OF THE MEMORANDUM OF APPEAL IN I.A.NO.28, DATED 18.6.2016 PASSED BY THE LEARNED I ADDL. DISTRICT & SESSION JUDGE, BENGALURU RURAL DISTRICT BENGALURU IN M.A.NO.4/2004 VIDE ANNEX- P AND ETC., IN WP NO. 56773/2016 BETWEEN: 1. (SMT. BERNADITTA JOSE) (DEAD), R/A NO.9/1, PIPELINE ROAD, BAHUBALINAGAR, JALAHALLI, BENGALURU - 560 013. SINCE DEAD BY LRS (a) JOSE SABASTIAN, S/O DEVASIA DEVASIA, AGED ABOUT 75 YEARS, R/AT NO.9/1, PIPELINE ROAD, BAHUBALINAGAR, JALAHALLI, BENGALURU - 560 013. (b) BRYEN STIENBERG, S/O JOSE SABASTIAN, AGED ABOUT 36 YEARS, R/AT NO.9/1, PIPELINE ROAD, BAHUBALINAGAR, JALAHALLI, - 8 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 BENGALURU - 560 013. 2. SRI. THOMAS BRESBEE, S/O LATE K.T.BERNARD, AGED ABOUT 59 YEARS, R/AT NO.9/1, PIPELINE ROAD, BAHUBALINAGAR, JALAHALLI, BENGALURU - 560 013. …PETITIONERS (BY SRI.JOSE SEBASTIAN, ADVOCATE) AND: 1. SRI. M.S.MAHADEVAIAH, S/O MR. SHIVANNA, AGED ABOUT 39 YEARS, R/A NO.59, K.M.C., PALACE ROAD, VASANTHNAGAR, BENGALURU - 560 052. 2. SMT. SAROJA (DEAD), W/O SRI. R. GOPAL, NO.274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. 3. SRI. R. GOPAL (DEAD), S/O LATE JAMATHI RAMAIAH, NO.274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. SINCE RESPONDENTS NO.2 & 3 ARE DEAD - 9 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 (a) THEY ARE REPRESENTED BY THEIR LEGAL HEIRS SMT. R.G.USHA, W/O M.S. SRIRANGA MURTHY, AGED ABOUT 49 YEARS, R/A NO.1274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. (b) SMT. R.G.SUJATHA, W/O Y.N.NAGARAJ, AGED ABOUT 47 YEARS, R/A NO.1274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. (c) SMT. R.G.KAVITHA, W/O K. NARASIMHA MURTHY, AGED ABOUT 45 YEARS, R/A NO.1274, 1ST MAIN, GANDHINAGAR, YELAHANKA, BENGALURU - 560 064. 4. (a) SRI. ANJANAPPA, SINCE DEAD BY HIS LRS SMT. AKKAMMA, W/O LATE ANJANAPPA, AGED ABOUT 51 YEARS, R/A AGARA, YELAHANKA HOBLI, BENGALURU NORTH TALUK. - 10 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 (b) SRI. JAYARAM, S/O LATE ANJANAPPA, AGED ABOUT 31 YEARS, R/A AGARA, YELAHANKA HOBLI, BENGALURU NORTH TALUK. (c) SMT. PUTTAMMA (DEAD), D/O LATE ANJANAPPA, AGED ABOUT 45 YEARS, R/A AGARA, YELAHANKA HOBLI, BENGALURU NORTH TALUK. 5. (a) SRI. THIRUMALAPPA, SINCE DEAD HIS LRS SMT. THIMMAKKA, W/O LATE THIRUMALAPPA, AGED ABOUT 50 YEARS, R/A KOGILU VILLAGE, A K COLONY, YELAHANKA HOBLI, BENGALURU NORTH TALUK. (b) SRI. SHIVANNA, S/O LATE THIRUMALAPPA, AGED ABOUT 35 YEARS, R/A KOGILU VILLAGE, A K COLONY, YELAHANKA HOBLI, BENGALURU NORTH TALUK. (c) SRI. ANJINAPPA, S/O LATE THIRUMALAPPA, AGED ABOUT 31 YEARS, R/A KOGILU VILLAGE, A.K.COLONY, YELAHANKA HOBLI, - 11 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 BENGALURU NORTH TALUK. 6. SRI. ANJANAPPA, S/O LATE HANUMAIAH, AGED ABOUT 54 YEARS, R/A JAKKUR, BENGALURU NORTH TALUK. 7. SMT. VENKATAMMA, W/O SEENAPPA, MAJOR, R/AT KOGILU, A.K.COLONY, YELAHANKA HOBLI, BENGALURU NORTH TALUK. 8. (a) SMT. HONNA HANUMAKKA, SINCE DEAD BY HER LRS SMT. MUNIYAMMA (DEAD) D/O HONNA HANUMAKKA, MAJOR, R/AT AGRAHARA, YELAHANKA HOBLI, BENGALURU NORTH TALUK. 9. (a) SMT. KARIYAMMA, KOM: KUMBALA BIN LATE THIRUMALA, SINCE DEAD BY HER LRS SMT. MUNIYAMMA (DEAD), D/O LATE KARIYAMMA, AGED ABOUT 50 YEARS, R/AT AGRAHARA VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK. - 12 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 (b) SMT. MUNILAKSHMAMMA, D/O LATE KARIYAMMA, AGED ABOUT 45 YEARS, R/AT AGRAHARA VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH. 10. THE TAHSILDAR, YELAHANKA NEW TOWN, BENGALURU - 560 064. 11. SMT. RATHNAMMA, D/O LATE GULLAPPA, AGED ABOUT 48 YEARS, R/AT ANUVANMAHALLI VILLAGE, SULEBELE POST, HOSKOTE TALUK, BENGALURU DISTRICT. 12. SRI. G.N.RAMESH, S/O G.K.NARASIMHAMURTHY, AGED ABOUT 57 YEARS, R/AT NO.B-5, 3RD CROSS, VIDYANAGAR, MANDYA. 13. SMT. SUMITRA, D/O SANNALIYAPPA, AGED ABOUT 39 YEARS, R/AT NO.16, 7TH LINE, 3RD BLOCK, DASAPPA LAYOUT, RAMAMURTHINAGAR, BENGALURU - 560 016. …RESPONDENTS (BY SRI.H.R.ANANTHAKRISHNA MURTHY, ADVOCATE FOR R1; - 13 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 R2(a), R3(a), R4(a), R4(b), R5(a TO c), R6, R7, R9(b), R12 ARE SERVED AND UNREPRESENTED; NOTICE TO R2(b & c), & R3(b & c) IS HELD SUFFICIENT VIDE ORDER DATED 12.04.2022; NOTICE TO R4(c), R8(a), R9(a) & R13 IS DISPENSED WITH VIDE ORDER DATED 12.04.2022; SRI.MAHANTESH SHETTAR, AGA FOR R10; SRI.A.SAMPATH, ADVOCATE FOR R11) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE QUASH OF THE IMPUGNED ORDER PASSED ON I.A.NO.26 DATED 6.2.2016 BY THE LEARNED 1ST ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT BENGALURU IN M.A.NO.4/2004 UNDER THE ORIGINAL OF ANNEXURE - M AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Memo dated 16.7.2026 filed by the learned counsel for petitioners for withdrawal of these petitions reads as under: " Memo for Withdrawal of W.P.56773 & 56772/2016 The undersigned prays that the above Writ Petitions, do not survive for consideration, in view of the occurrence of subsequent events in the execution - 14 - HC-KAR CNR: KAHC010161192016 NC: 2026:KHC:36454 WP No. 56772 of 2016 C/W WP No. 56773 of 2016 of (1) Confirmation Deed dt: 21.05.2026, registered as Doc.No.BNG (U).YLNK.1274/2026-27, as well as (2) Confirmation Deed dt: 21.05.2026, registered as Doc.No.BNG(U)YLNK.1268/2026-27, in favour of 1st Respondent M.S. Mahadevaiah, recognizing and confirming his title and ownership, based on the Sale Deeds dt: 02.03.2007 as well as 29.03.2007, w.r.t. 3 acres 25.5 guntas of land in Sy.No.2/2, of Gasti Kempanahalli, and as such the above Writ Petitions may kindly be dismissed as withdrawn, in the interest of justice and equity. The copies of the two Confirmation Deeds dt: 21.05.2026, executed in favour of M.S. Mahadevaiah are appended here to, for kind perusal and the same may kindly be placed on Record, in the interest of justice and equity." 2. Memo is taken on record. 3. Petitions are dismissed as withdrawn. Sd/- (M.G.S. KAMAL) JUDGE tsn* List No.: 1 Sl No.: 16