- 1 - HC-KAR CNR: KAHC010479772019 NC: 2026:KHC:42389 RFA No. 2173 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 2173 OF 2019 (PA/DE/IN) BETWEEN: 1. SMT. SAROJAMMA W/O ALTE GALAPAP, AGED ABOUT 61 YEARS, 2. SRI. LAKSHMIKANTH G S/O LATE GALAPPA, AGED ABOUT 37 YEARS, 3. SRI. ANIL NAYAK G S/O LATE GALAPPA, AGED ABOUT 36 YEARS, 4. SRI. ANANTH NAYAK G S/O LATE GALAPPA, AGED ABOUT 33 YEARS, (APPELLANT NO.1 TO 4 ARE R/AT NO.61/E, ERANAPALYA, SIRGANDADAKAVALU VISHWANEEDAM, BENGALURU NORTH, BENGALURU-560091) …APPELLANTS (BY SRI. CHETHAN B.C, ADVOCATE) AND: Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010479772019 NC: 2026:KHC:42389 RFA No. 2173 of 2019 1. SRI. GANGANARASAIAH S/O LATE DODDAPAPAIAH, AGED ABOUT 70 YEARS, R/AT ERAYYANA PALYA, SRIGANDHADA KAVAL, YESHWANTHPUR HOBLI, BENGALURU NORTH TALUK-560 091. 2. SRI. KRISHNAPPA S/O LATE DODDAPAPAIAH, AGED ABOUT 60 YEARS R/AT ERAYYAN PALYA, SRIGANDHADA KAVAL, YESHWANTHPUR HOBLI, BENGALURU NORTH TALUK-560 091. 3. SRI. NARAYANASWAMY D S/O LAE DODDAPAPAIAH, AGED ABOUT 70 YEARS, R/AT ERAYYAN PALYA, SRIGANDHADA KAVAL, YESHWANTHPUR HOBLI, BENGALURU NORTH TALUK-560 091. 4. SMT. LAKSHMAMMA W/O LATE MAGADI RANGA, AGED ABOUT 55 YEARS NO.18/1 SRIGANDHADA KAVAL, CHANDRASHEKAR LAYOUT, VISHWANEEDAM POST, BENGALURU-560 091 5. STM. SHOBHA D/O SRI GANGA NARASAIAH, AGED ABOUT 41 YEARS, R/AT NO.1, 10TH CROSS, ANJANEYA TEMPLE ROAD, BALAJI NAGAR, BSK 3RD STAGE, - 3 - HC-KAR CNR: KAHC010479772019 NC: 2026:KHC:42389 RFA No. 2173 of 2019 ITTAMADU, BENGALURU-560 085 …RESPONDENTS (BY SRI. JAYAKIRTHI M.C, ADVOCATE FOR R1, R2 & R5, R4 - SERVED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE ORDER DATED 30.08.2019 PASSED ON I.A.NO.5 IN O.S.NO.7074/2016 ON TE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE BENGALURU, ALLOWING THE I.A.NO.V FILED U/O 7 RULE 11(d) OF THE CPC, FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT Learned counsel for the appellants filed a memo dated 31.07.2026 for withdrawal of appeal. The office has raised objection against the said memo that signature of the appellant No.4 in the memo does not tally with the signature of appellant No.4 in the vakalath. Today, Sri. Ananth Nayak G., - appellant No.4 is present before this Court and identified and verified his signature on - 4 - HC-KAR CNR: KAHC010479772019 NC: 2026:KHC:42389 RFA No. 2173 of 2019 the memo dated 31.07.2026. Accordingly, the office objection is overruled. Placing reliance on the memo, the appeal is dismissed as withdrawn. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 21