Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010795072010 NC: 2026:KHC:41855 RFA No. 1924 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M REGULAR FIRST APPEAL NO. 1924 OF 2010 (INJ) BETWEEN:
1. SRI. MUNIYELLAPPA, AGED ABOUT 72 YEARS, S/O. LATE THANAPPA R/AT NO.1473, 38TH CROSS, 11TH MAIN ROAD, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU-560091. 2. SRI. T.MUNIRAJU, AGED ABOUT 70 YEARS, S/O. LATE THANAPPA, (SINCE DECEASED REPRESENTED BY LRS)
2(A) SRI. SARASWATHI N., W/O. LATE T.MUNIRAJU, AGED ABOUT 60 YEARS,
2(B) SRI. SHUBHA M., D/O. LATE T.MUNIRAJU, AGED ABOUT 40 YEARS,
2(C) SRI. SHILPA SHREE M., D/O. LATE T.MUNIRAJU, AGED ABOUT 36 YEARS,
2(D) SRI. JAGADISH M., S/O. LATE T.MUNIRAJU, AGED ABOUT 41 YEARS,
APPELLANTS NO.2(A) TO 2(D) ARE R/AT NO.40, G-1A BLOCK,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010795072010 NC: 2026:KHC:41855 RFA No. 1924 of 2010
HIMAGIRI GREEN FOREST, SILVER OAK STREET 1ST MAIN, 1ST CROSS, J.P.NAGAR, 7TH PHASE, BENGALURU-560078. …APPELLANTS (BY SMT. ANJANA A.V., ADVOCATE FOR SMT. RAKSHITHA D.J., ADVOCATE)
AND:
SRI. MOHAMMED GHOUSE, AGED ABOUT 78 YEARS, S/O. LATE MOHAMMED PEER, R/AT NO.37, 5TH CROSS, VINAYAKA NAGAR, J.P. NAGAR, BENGALURU-560078. …RESPONDENT (BY SRI. B.G.SRIRAM, ADVOCATE - ABSENT)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER:
ORAL ORDER Smt.Anjana A.V., counsel on behalf of Smt.Rakshitha.D.J. for the appellants appeared in person Though matter called twice, there is no representation on behalf of the respondents. - 3 -
HC-KAR
CNR: KAHC010795072010 NC: 2026:KHC:41855 RFA No. 1924 of 2010
Counsel Smt.Anjana submits that a memo has been filed stating that the appellant No.1 and the legal representatives of appellant No.2 are not intending to prosecute the appeal and wish to withdraw the appeal. She further submits that all the appellants have signed the memo for withdrawal. Hence, the memo for withdrawal may be placed on record and appeal may be disposed of as withdrawn. When queried, counsel for the appellants submits that a conscious decision is taken about the withdrawal of the appeal and if an order is passed the appellants shall not seek review of the order or modification of the order.
Counsel, therefore, submits that the memo may be placed on record and the appeal may be disposed of as withdrawn. The oral submission and the memo is placed on record. As the counsel on record has taken a conscious decision about the withdrawal of the appeal, the appeal is disposed of as withdrawn. Lastly, counsel submits that the Court vide order dated 20.02.2026 had imposed costs, the same may be waived. - 4 -
HC-KAR
CNR: KAHC010795072010 NC: 2026:KHC:41855 RFA No. 1924 of 2010
Submission is noted. As the appellants have withdrawn the appeal, the cost is waived. Sd/- (JYOTI M) JUDGE
SS List No.: 1 Sl No.: 22