- 1 - HC-KAR CNR: KAHC010387872017 NC: 2026:KHC:51530 MFA No. 6661 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6661 OF 2017 (CPC) BETWEEN: SMT. GOWRAMMA W/O. P. NANJUNDAPPA AGED ABOUT 66 YEARS R/O. SUGATUR VILLAGE JANGAMAKOTE HOBLI SHIDLAGHATTA TALUK CHICKBALLAPUR DISTRICT - 562 105. …APPELLANT (BY SRI S.A.SUDHINDRA, ADVOCATE) AND: 1. S.N.BASAVARAJU S/O. S.T.NANJAPPA AGED ABOUT 66 YEARS R/O SAMPIGEHALLI JAKKUR POST, YELAHANKA HOBLI BANGALORE NORTH TALUK - 562 157. AND ALSO R/AT BASAVESHWARANILAYA B. S. CHANNABASAPPA BADAVANE BASAVESHWARANAGARA SHIVANAHALLI JAKKUR ROAD WARD NO.1, YELAHANKA POST BANGALORE - 560 064. 2. MR. GIRISH SANU FATHER'S NAME-NOT KNOWN AGED ABOUT 44 YEARS R/AT FLAT NO.E-O, 105/1 Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010387872017 NC: 2026:KHC:51530 MFA No. 6661 of 2017 KRISHNA GLADE APARTMENT 1ST MAIN ROAD PALACE GUTTAHALLI SESHADRIPURAM BANGALORE - 560 020. 3. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE - 560 020. DEFENDANT NO.4 DELETED VIDE ORDER DATED 31/10/2015 4. SUMALATHA D/O. BASAVARAJ AGED ABOUT 29 YEARS. 5. L.S. BASAVARAJ S/O. SHAMANNA AGED ABOUT 44 YEARS. RESPONDENT NO.4 AND 5 ARE R/AT ELLUPURA VILLAGE KASAVANAHALLI DODDABALLAPUR TALUK BANGALORE RURAL DISTRICT BANGALORE - 561 203. 6. MOHAMMED SARDAR AYUB S/O. LATE S.A.SUBHAN MAJOR R/AT NO.14/1, 1ST CROSS RBI COLONY JAYANAGAR, 3RD BLOCK BANGALORE - 560 011. 7. TAREJ ALI BAIG S/O. LATE NOORALLA BAIG - 3 - HC-KAR CNR: KAHC010387872017 NC: 2026:KHC:51530 MFA No. 6661 of 2017 MAJOR R/AT ZEENATH MANZIL NO.34/16, 2ND CROSS V.H.E.L.COLONY OPPOSITE TO MECCHA MASJID BANGALORE - 560 041. …RESPONDENTS (BY SMT. N.SUDHA, ADVOCATE FOR R3; R4, R5, R6, R7 ARE SERVED BUT UNREPRESENTED) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 25.07.2017 PASSED ON I.A.NO.12 IN O.S.NO.8968/2011 BY XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CITY. 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 appellant, who is present before the Court, submits that the original suit has been decreed by the trial Court and in view of the same, he has filed a memo seeking permission to withdraw the appeal. 2. The said memo and submission are taken on record. - 4 - HC-KAR CNR: KAHC010387872017 NC: 2026:KHC:51530 MFA No. 6661 of 2017 3. In view of the memo and the submission of learned counsel for appellant, the present appeal would not survive for consideration any more. Accordingly, the appeal is dismissed as having become infructuous. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 2