- 1 - HC-KAR CNR: KAHC010039882024 NC: 2026:KHC:38277 MFA No. 614 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 614 OF 2024 (CPC) BETWEEN: SRI. PAPANNA, SINCE DEAD BY LRS. 1(a) SMT. RAMAKKA W/O LATE PAPANNA AGED ABOUT 45 YEARS. 1(b) SRI. MUNIRAJU S/O LATE PAPANNA AGED ABOUT 36 YEARS. 1(c) SRI. RAVI S/O LATE PAPANNA AGED ABOUT 33 YEARS. SRI NARAYANAPPA SINCE DEAD BY LRS. 2(a) SMT. RATHNA W/O LATE NARAYANAPPA AGED ABOUT 53 YEARS. 2(b) SMT. GEETHA B D/O LATE NARAYANAPPA AGED ABOUT 32 YEARS. 2(c) SMT. SWETHA B D/O LATE NARAYANAPPA AGED ABOUT 31 YEARS. 2(d) MR. CHETHAN B Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010039882024 NC: 2026:KHC:38277 MFA No. 614 of 2024 S/O LATE NARAYANAPPA AGED ABOUT 30 YEARS. 3. SMT. MUNIRATHNAMMA D/O LATE MUNIYAPPA AGED ABOUT 50 YEARS. 4. M. NARAYANASWAMY S/O LATE MARANNA AGED ABOUT 45 YEARS. ALL ARE RESIDING AT: KURUBARAPETE HOSAKOTE TOWN BANGALORE RURAL DISTRICT - 562 122. …APPELLANTS (BY SRI LOKANATH SINGH N., ADVOCATE) AND: 1. SMT. LAKSHMAMMA W/O LATE IMANNA AGED ABOUT 65 YEARS. 2. SMT. LAKSHMAMMA W/O LATE PILLAPPA AGED ABOUT 60 YEARS. 3. SRI. P KRISHNAPPA S/O LATE PAPANNA AGED ABOUT 42 YEARS. 4. SMT. JAYALAKSHMAMMA W/O LATE PAPANNA AGED ABOUT 45 YEARS. 5. SRI. NAGARAJ S/O LATE DODDAGUNAPPA AGED ABOUT 50 YEARS. - 3 - HC-KAR CNR: KAHC010039882024 NC: 2026:KHC:38277 MFA No. 614 of 2024 6. SRI. KEMPANNA S/O LATE DODDAGUNAPPA AGED ABOUT 48 YEARS. 7. SRI. R. MANJUNATH S/O LATE RAMAIAH AGED ABOUT 40 YEARS. 8. SRI. NAGARATHNA D/O LATE KRISHNAPPA AGED ABOUT 39 YEARS. 9. SRI. SRINIVAS S/O LATE CHENNAPPA AGED ABOUT 60 YEARS, 10. SRI. GOPAL S/O LATE CHANNAPPA AGED ABOUT 55 YEARS. RESPONDENT NO.1 TO 10 ARE R/AT KURUBARAPETE HOSAKOTE TOWN BANGALORE RURAL DISTRICT - 562 122. 11. SRI. RANGAPPA S/O LATE NARAYANAPPA AGED ABOUT 80 YEARS. 12. SRI. MUNIYAPPA FATHER NAME NOT KNOWN AGED ABOUT 70 YEARS. 13. SRI. H.M. VIJAY KUMAR S/O LATE MUNIYAPPA AGED ABOUT 49 YEARS. 14. SRI. SHIVAPPA S/O LATE MUNIYAPPA AGED ABOUT 51 YEARS. - 4 - HC-KAR CNR: KAHC010039882024 NC: 2026:KHC:38277 MFA No. 614 of 2024 RESPONDENTS NO.11 TO 14 ARE R/AT SULIBELE ROAD, SWAMY VIVEKANANDA NAGAR HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562 114. 15. SRI. H.M. UDAY KUMAR S/O LATE MUNIYAPPA AGED ABOUT 48 YEARS. 16. SMT. H. VIDYA D/O HONNURURAPPA AGED ABOUT 25 YEARS. 17. SMT. H. VEENA D/O HONNURURAPPA AGED ABOUT 23 YEARS. 18. SMT. H. VINUTHA D/O HONNURURAPPA AGED ABOUT 21 YEARS. RESPONDENT NO.15 TO 18 ARE R/AT 10-96, KAMMAVARIPET HOSAKOTE TOWN BENGALURU RURAL DISTRICT - 562 114. 19. SRI. H.S. HARSHA S/O M. SHIVAPPA AGED ABOUT 29 YEARS. 20. SRI. H.S. DHANUSH S/O M. SHIVAPPA AGED ABOUT 25 YEARS. RESPONDENTS NO.19 TO 20 ARE R/AT SULIBELE ROAD SIDE, SWAMY VIVEKANANDA NAGAR, HOSAKOTE TOWN BANGALORE RURAL DISTRICT - 562 114. - 5 - HC-KAR CNR: KAHC010039882024 NC: 2026:KHC:38277 MFA No. 614 of 2024 21. SMT. H.S. JAYAMMA W/O H.N. GOPAL AGED ABOUT 72 YEARS. 22. SRI. H.G. THYAGARAJ S/O H.N. GOPAL AGED ABOUT 50 YEARS. 23. SRI. H.G. SUDHARSHAN S/O H.N. GOPAL AGED ABOUT 50 YEARS. 24. SRI. H.G. BALAKRISHNA S/O H.N. GOPAL AGED ABOUT 50 YEARS. RESPONDENT NO.21 TO 24 ARE R/AT KAMMAVARI NAGAR HOSAKOTE TOWN BENGALURU RURAL DISTRICT - 562 114. 25. SRI. SYED ASIF S/O LATE SYED ABDUL SATTAR AGED ABOUT 56 YEARS, R/AT NO.14/1, CURVE ROAD, QUEEN'S ROAD CROSS TASKER TOWN BENGALURU - 560 051. 26. SRI. T.R. SAINATH S/O T.S. RAJAGOPAL SHETTY AGED ABOUT 60 YEARS, R/AT NO.565, AVENUE ROAD BENGALURU - 560 002. 27. SRI. S. SRINIVAS S/O LATE SHIVARAM AGED ABOUT 43 YEARS R/AT CHIKKATHIGALARAPETE HOSAKOTE TOWN - 6 - HC-KAR CNR: KAHC010039882024 NC: 2026:KHC:38277 MFA No. 614 of 2024 BENGALURU RURAL DISTRICT. 28. SRI. KRISHNOJI RAO S/O LATE B.V. SEETHARAMAIAH AGED ABOUT 49 YEARS, R/AT KAMMAVARIPET HOSAKOTE TOWN BENGALURU RURAL DISTRICT. 29. SRI. RAJANNA S/O MUNIYAPPA AGED ABOUT 54 YEARS. 30. SRI. GOVINDAPPA S/O VENKATASHAMAPPA AGED ABOUT 63 YEARS RESPONDENT NO.29 AND 30 ARE R/AT CHIKKANALLURHALLI VILLAGE KASABA HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT. 31. SMT. CHITRA W/O JAGANNATH AGED ABOUT 35 YEARS R/AT SIR M.V. BADAVANE MASTI IYENGAR ROAD HOSAKOTE TOWN BENGALURU RURAL DISTRICT. 32. SRI. SATHISH S/O LATE DORE SWAMY NAIDU AGED ABOUT 46 YEARS R/AT KAMMAVARIPET HOSAKOTE TOWN BENGALURU RURAL DISTRICT. 33. SRI. K.S. ASHOK KUMAR S/O SHIVAGANGACHAR AGED ABOUT 46 YEARS, - 7 - HC-KAR CNR: KAHC010039882024 NC: 2026:KHC:38277 MFA No. 614 of 2024 R/AT NO.1946, SRINAGAR, KYATHASANDRA TUMKUR DISTRICT. 34. SRI. R. CHIRANJEEVI S/O PEDDABBAIH NAIDU AGED ABOUT 47 YEARS R/AT MYAKAN JAMAPALLI VILLAGE, VANAMULA DINNE POST, PUNGANUR TALUK CHITTOR DISTRICT. 35. SMT. RATHNAMMA W/O GOVINDAPPA AGED ABOUT 48 YEARS R/AT CHIKKANALLUR VILLAGE KASABA HOBLI, BEGUR POST HOSAKOTE TOWN BENGALURU RURAL DISTRICT. 36. SMT. ANUSHA B W/O A. KRISHNAMURTHY AGED ABOUT 46 YEARS R/AT ATTUR VILLAGE HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 114. 37. SRI. NAVEEN KUMAR S/O R.M. NARAYANASWAMY AGED ABOUT 24 YEARS, 38. SRI. KRISHNAMURTHY S/O R.M. NARAYANASWAMY AGED ABOUT 20 YEARS, RESPONDENY NO.38 AND 39 ARE R/AT KURUBARA PET HOSAKOTE TOWN BENGALURU RURAL DISTRICT - 562 114. - 8 - HC-KAR CNR: KAHC010039882024 NC: 2026:KHC:38277 MFA No. 614 of 2024 39. M/S. BOLLY ESTATES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS OFFICE AT BROOKE FIELD, BANGALORE, REPT. BY ITS MANAGING DIRECTOR, MR. C.H. BALAKRISHNA REDDY. 40. SMT. C. MANJULA W/O SRI. J.C. LAKSHMAN R/AT BASAVESHWARA NAGARA KATMANDLU LAYOUT V V EXTENSION, HOSAKOTE TOWN BANGALORE RURAL DISTRICT - 562 114. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 07.10.2023 PASSED ON IA.NOS.8 AND 9 IN O.S.NO.1332/2022 BY THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE. 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 appellants files a memo seeking withdrawal of this appeal. 2. Placing the memo on record, the appeal is dismissed as withdrawn. - 9 - HC-KAR CNR: KAHC010039882024 NC: 2026:KHC:38277 MFA No. 614 of 2024 3. Liberty is reserved to the appellants to file such proceedings as may be permissible in law before the appropriate Forum. 4. The time spent in agitating the matter before this Court, shall be excluded in accordance with the provisions of the Limitation Act, 1963. 5. Registry shall return the certified copies to the learned counsel for appellants. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 2