- 1 - HC-KAR CNR: KAHC010334872026 NC: 2026:KHC:45734 MFA No. 3456 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3456 OF 2026 (CPC) BETWEEN: 1. SRI K P ANJINAPPA S/O. LATE PAPANNA, AGED ABOUT 70 YEARS, RESIDING AT, NO. ALURUDUDDANAHALLI VILLAGE, KUNDANA HOBLI, DEVENAHALLI TALUK, BANGALORE 562110. REPRESENTED BY HIS GPA HOLDER K.P.MUNEGOWDA (APPELLANT NO.2 HEREIN) 2. SRI.K.P.MUNEGOWDA S/O LATE PAPANNA AGED ABOUT 63 YEARS, R/AT KODAGALAHATTI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, PIN-CODE. 562157 …APPELLANTS (BY SRI. MANJUNATHA N BYRAREDDY.,ADVOCATE) AND: 1. SRI K P NARAYANASWAMY S/O LATE PAPANNA, AGED ABOUT 50 YEARS, R/AT KODAGALAHATTI VILLAGE, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010334872026 NC: 2026:KHC:45734 MFA No. 3456 of 2026 JALA HOBLI, BANGALORE NORTH TALUK, PINCODE-562157. 2. SMT.JAYALAKSHMAMMA W/O LATE MATHIKERE NARAYANASWAMY, AGED ABOUT 80 YEARS, SINCE DECEASED ON 12.02.2009 REPRESENTED BY. HIS LRS DEFENDANT/RESPONDENT NO.3 TO 5 3. SRI.N.VANKATESH W/O LATE MATHIKERE NARAYANASWAMY, AGED ABOUT 64 YEARS, R/AT NO.1913, 1ST CROSS, 1ST MAIN ROAD, ANKANAPPA BLOCK, J.C.NAGAR BENGALURU. PINCODE-560006. 4. SRI.N.RAVINDRA S/O LATE MATHIKERE NARAYANASWAMY, AGED ABOUT 64 YEARS, R/AT NO.1913, 1ST CROSS, 1ST MAIN ROAD, ANKANAPPA BLOCK, J.C.NAGAR BENGALURU. PINCODE-560006 5. SRI.N.MURALIDHAR S/O LATE MATHIKERE NARAYANSWAMY, AGED ABOUT 64 YEARS, R/AT NO.1913, 1ST CROSS, 1ST MAIN ROAD, ANKANAPPA BLOCK, J.C.NAGAR BENGALURU. PINCODE-560006. 6. SRI.K.N.MUNIRAJU S/O LATE NARAYANSWAMY, AGED ABOUT 49 YEARS, - 3 - HC-KAR CNR: KAHC010334872026 NC: 2026:KHC:45734 MFA No. 3456 of 2026 R/AT KODAGALAHATTI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, PINCODE-562157. 7. SRI.KEMPANNA, S/O LATE NARAYANASWAMY AGED ABOUT 44 YEARS, R/AT HOSAHALLI VILLAGE, HUNSAMARANAHALLI HOBLI, JALA HOBLI, YELAHANKA TALUK, BANGALORE NORTH TALUK PINCODE-562157. …RESPONDENTS (BY SRI.VENKATESHA., ADVOCATE FOR C/R7) THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE COMMON ORDER DATED.22.04.2026, PASSED ON IA.NOS.7 AND 8 IN O.S. NO.1060/2021, ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND DEVANAHALLI, REJECTING THE IAS FILE U/O.39 RULE 1 AND 2 OF CPC. 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 the appellants has filed a memo seeking withdrawal of the appeal. - 4 - HC-KAR CNR: KAHC010334872026 NC: 2026:KHC:45734 MFA No. 3456 of 2026 2. The memo is accepted. 3. The appeal is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 8