- 1 - HC-KAR CNR: KAHC010248522025 NC: 2026:KHC:40227 RFA No. 940 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 940 OF 2025 (DEC/INJ) BETWEEN: 1. SMT. SHANTHI H, W/O LATE MANOHAR PILLAI, AGED ABOUT 65 YEARS, 2. SRI. H.M.HARSHVARDHAN PILLAI, S/O LATE MANOHAR PILLAI, AGED ABOUT 38 YEARS, 3. SRI. H.M.ARUNKUMAR, AGED ABOUT 37 YEARS, S/O LATE MANOHAR PILLAI, RESPONDENTS NO.1 TO 3 ARE R/AT NO.32, OLD HOUSING BOARD COLONY, HUNSUR TOWN AND TALUK, MYSORE DISTRICT - 570 001. 4. SRI. K.S. NANJAPPA, S/O SRIKANTAIAH K.S., AGED ABOUT 65 YEARS, R/AT NO.MIG 38, HEBBAL, METAGALLI, MYSORE - 570 001. 5. SRI. NAGARAJU, S/O LATE NANJAPPA, AGED ABOUT 72 YEARS, R/AT NO.1220, GANESHA TEMPLE STREET, HUNSUR TOWN Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010248522025 NC: 2026:KHC:40227 RFA No. 940 of 2025 AND TALUK, MYSORE DISTRICT - 570 001. 6. SRI. GOPALAKRISHNA S., S/O LATE SRINIVAS PRASAD, AGED ABOUT 64 YEARS, R/AT PLAT.3/3, OPP POLICE QUARTERS, GURUVAYURAPPAN NAGAR, DENKANIKOTE ROAD, HOSUR, KRISHNAGIRI DISTRICT, TAMILNADU STATE. 7. SRI. C. MAHADEVU JOSEPH PINTO, @MARAI, AGED ABOUT 69 YEARS, S/O LATE CHANNAMALIAIAH, R/AT NO.10, NEAR HIGH TENSION LANE, SIR MV NAGAR, RAMANURTHY NAGAR - 560 016, BENGALORE NORTH. 8. SRI. H.K. SUBRAMANYEM, S/O LATE KUPPAIAH, AGED ABOUT 66 YEARS, R/O NO.10, NEAR HIGH TENSION LANE, SIR MV NAGAR, RAMAMURTHY NAGAR, BENGALURU NORTH - 560 016. 9. SRI. NAGARAJA GUPTA, S/O LATE NARAYANA SHETTY, AGED ABOUT 69 YEARS, R/AT NO.3751/E, G BLOCK, 7TH CROSS, 10TH MAIN, KANAKADASANAGAR, MYSORE CITY - 570 001. 10. SRI. H.K. RAMEGOWDA, - 3 - HC-KAR CNR: KAHC010248522025 NC: 2026:KHC:40227 RFA No. 940 of 2025 S/O KARIGOWDA, AGED ABOUT 61 YEARS, R/AT NO.183, SHANTHINAGAR, PANDAVAPURA TOWN, MANDYA DISTRICT - 571 401. 11. SRI. JAYARAJ K., S/O LATE KEMPAIAH, AGED ABOUT 67 YEARS, R/AT NO.47, ANAGALLI DODDI VILLAGE, BANDAHALLI A BEAT, HANUR TALUK, CHAMARAJANAGAR DISTRICT - 571 439. 12. SRI. Z. MAHAMMED RAMEZUDDIN, S/O LATE ZAHEERUDDIN, AGED ABOUT 65 YEARS, R/AT NO.3/949, THALAVADI TOWN, ERODE DIST, TAMILNADU STATE - 638 461. 13. SMT. VEENA PRAKASH, W/O V.PRAKASH, AGED ABOUT 62 YEARS, R/AT NO.23, SHASTRY SADAN, WEST ANJANEYA TEMPLE STREET, OPP. TO B.M.S COLLEGE FOR WOMEN, BASAVANAGUDI, BENGALURU SOUTH, REPRESENTED BY SPL. POWER ATTORNEY HOLDER. (REG. NO.337, CD. BSG 895. OF BOOK 4, REG. BEFORE THE SUB- REGISTRAR, BASAVANAGUDI, BENGALORE ON 16.03.2021) - 4 - HC-KAR CNR: KAHC010248522025 NC: 2026:KHC:40227 RFA No. 940 of 2025 SRI. NITHIN P. SHASTRY SADAN, WEST ANJANEYA TEMPLE STREET, OPP. TO B.M.S WOMEN'S COLLEGE, BASAVANAGUDI, BENGALURU - 560 004. 14. SMT.GAYIGHRI DEVI, W/O LATE SUBRAMANYA MANJUNATH, AGED ABOUT 61 YEARS, 15. AKSHATHA S., D/O LATE SUBRAMANYA MANJUNATH, AGED ABOUT 33 YEARS, 16. AMRUTHA.S, D/O LATE SUBRAMANYA MANJUNATH, AGED ABOUT 27 YEARS, R/AT NO.905/157A, 4TH MAIN, 6TH CROSS, VIDYARANYAPURAM, MYSORE. …APPELLANTS (BY SRI. RUDRAPPA P., ADVOCATE) AND: M/S. K V R CONSTRUCTION, NO.10988, 2ND PHASE, 4TH STAGE, VIJAYANAGAR, MYSORE - 577 023. REPRESENTED BY MANAGING PARTNER SRI K. VENKATARAMANA. …RESPONDENT THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.01.2025 PASSED IN OS NO.788/2023 ON THE FILE - 5 - HC-KAR CNR: KAHC010248522025 NC: 2026:KHC:40227 RFA No. 940 of 2025 OF V ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYURU, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking leave of the Court to withdraw the petition. Memo is placed on record. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MKM List No.: 1 Sl No.: 15