- 1 - HC-KAR CNR: KAHC010557912026 NC: 2026:KHC:45014 MFA No. 5812 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5812 OF 2026 (CPC) BETWEEN: SRI. RAJAIAH. B. N. S/O LATE BYATAGAIAH, AGED ABOUT 54 YEARS, RESIDING AT NO.891, 12TH CROSS, NEAR K.E.B. OFFICE, SARAKKI, JP NAGAR, 1ST PHASE, BENGALURU SOUTH TALUK, BENGALURU 560 078. …APPELLANT (BY SRI. K S NARESH SANTHOSH.,ADVOCATE) AND: 1. SRI. V. RAMA RAO PAWARD, S/O VENKOBA RAO, AGED ABOUT 101 YEARS, 2. SRI R BALU RAO, S/O V RAMA RAO PAWAR, AGED ABOUT 65 YEARS, 3. SRI ASHOK RAO, S/O V RAMA RAO PAWAR, AGED ABOUT 57 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010557912026 NC: 2026:KHC:45014 MFA No. 5812 of 2026 4. SRI R MOHAN RAO, S/O V RAMA RAO PAWAR, AGED ABOUT 48 YEARS, 5. SRI H.HANUMANTHA RAO, S/O V RAMA RAO PAWAR, AGED ABOUT 45 YEARS, RESPONDNETS NOS.1 TO 5 ARE RESIDENTS OF THALLI VILLAGE, DENKANIKOTE TALUK, DHARMAPURI DISTRICT. 6. SRI B J NANJUNDAPPA S/O B M JWALAPPA, AGED ABOUT 93 YEARS, 7. SRI B L SHANKAR, S/O LATE B.K LOKAPPAGOWDA, AGED ABOUT 93 YEARS, R/AT NO.72, 4TH CROSS, 4TH BLOCK, R M V II STAGE, BENGALURU 560 094. 8. SRI RAJEEV KUMAR RAI, S/O RAJANARAYANA RAJ, AGED ABOUT 56 YEARS, R/AT NO.49, 'D' ROAD, IDEAL HOME SOCIETY, RAJARAJESWARI NAGAR, BENGALURU 560 098. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 15.07.2026 PASSED ON I.A.NO.1 IN OS.NO. 1526/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010557912026 NC: 2026:KHC:45014 MFA No. 5812 of 2026 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal, as the subject value of the appeal is less than Rs.10,00,000/-. 2. The memo is accepted. 3. The appeal is dismissed as withdrawn, reserving liberty. 4. All certified copies of the documents produced by the appellant shall be returned forthwith. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 16