- 1 - HC-KAR NC: 2026:KHC:5377 MFA No. 1846 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 1846 OF 2021 (CPC) BETWEEN: 1. BHAVANI SHEDTHY D/O LATE SOORAMMA SHEDTHY AGED ABOUT 65 YEARS 2. VEERENDRA SHETTY S/O BHAVANI SHEDTHY AGED ABOUT 49 YEARS BOTH ARE RESIDING AT GANTIHOLE, BIJOOR VILLAGE AND POST BYNDOOR TALUK-576232. …APPELLANTS (BY SMT. VAISHNAVI S. DESAI, ADVOCATE FOR SRI. MOHAMMED MANNAN, ADVOCATE) AND: 1. JAGANNATH SHETTY AGED ABOUT 63 YEARS 2. PREMA SHEDTHY AGED ABOUT 59 YEARS 3. NAGARATHNA SHEDTHY AGED ABOUT 55 YEARS 4. PRAKASH SHETTY AGED ABOUT 52 YEARS Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5377 MFA No. 1846 of 2021 5. MOOKAMBU SHEDTHY AGED ABOUT 50 YEARS 6. SHARADA SHEDTHY AGED ABOUT 48 YEARS 7. GOPALA SHETTY AGED ABOUT 47 YEARS RESPONDENTS NO.1 TO 7 ARE CHILDREN OF LATE SOORAMMA SHEDTHY 8. BABY SHEDTHY AGED ABOUT 46 YEARS, 9. NAGARAJA SHETTY, AGED ABOUT 43 YEARS, 10. SURESH SHETTY, AGED ABOUT 41 YEARS, 11. JYOTHI SHEDTHY AGED ABOUT 39 YEARS, 12. PUNDALIKA SHETTY, AGED ABOUT 37 YEARS, 13. SADASHIVA SHETTY, AGED ABOUT 35 YEARS, 14. VISHWANATHA SHETTY, AGED ABOUT 33 YEARS, RESPONDENTS NO.8 TO 14 ARE CHILDREN OF BHAVANI SHEDTHY 15. BHOOMIKA SHETTY, AGED ABOUT 23 YEARS, 16. KARTHIK SHETTY, AGED ABOUT 19 YEARS - 3 - HC-KAR NC: 2026:KHC:5377 MFA No. 1846 of 2021 RESPONDENTS NO.15 AND 16 ARE CHILDREN OF BHAVANI SHEDTHY 17. MINOR GOUTHAM SHETTY, AGED ABOUT 16 YEARS, 18. MINOR AMULYA SHETTY, AGED ABOUT 14 YEARS, RESPONDENTS NO.17 AND 18 ARE CHILDREN OF NO.11 JYOTHI SHEDTHY BOTH ARE RESPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, SMT. JYOTHI SHEDTHY. 19. VASANTHI SHETTY, AGED ABOUT 44 YEARS, 20. SAVITHA SHETTY, AGED ABOUT 39 YEARS, 21. GURURAJ M.SHETTY, AGED ABOUT 38 YEARS, RESPONDENTS NO.19 TO 21 ARE CHILDREN OF PREMA SHEDTHY 22. NIVEDITHA SHETTY, D/O. VASANTHI SHETTY, AGED ABOUT 21 YEARS, 23. MINOR THRISHA SHETTY, AGED ABOUT 12 YEARS, 24. MINOR SHRIYA SHETTY, AGED ABOUT 7 YEARS, RESPONDENTS NO.23 AND 24 ARE REPRESENTED BY THEIR MOTHER AND NATURAL GURADIAN SMT. SAVITHA SHETTY - 4 - HC-KAR NC: 2026:KHC:5377 MFA No. 1846 of 2021 25. NUTHAN SHETTY, AGED ABOUT 39 YEARS, 26. CHETHANA SHETTY, AGED ABOUT 36 YEARS, 27. CHANDRAKALA SHETTY, AGED ABOUT 32 YEARS, 28. DEVARAJ SHETTY, AGED ABOUT 29 YEARS, RESPONDENTS NO.25 TO 28 ARE CHILDREN OF SMT. NAGARATHNA SHETTY, 29. MINOR BHAVYASHREE SHETTY, D/O. NUTHAN SHETTY (RESPONDENT NO.25), AGED ABOUT 14 YEARS, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN, SMT. NUTHAN SHETTY 30. MINOR CHIRANTHA SHETTY AGED ABOUT 16 YEARS, 31. MINOR AMRUTHA SHETTY, AGED ABOUT 3 YEARS, RESPONDENTS NO.30 AND 31 ARE CHILDREN OF CHETHANA SHETTY (RESPONDENT NO.26) BOTH ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, SMT. CHETHANA SHETTY, 32. MINOR KAUSHIK SHETTY, S/O. CHANDRAKALA SHETTY, AGED ABOUT 3 YEARS, - 5 - HC-KAR NC: 2026:KHC:5377 MFA No. 1846 of 2021 REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, SMT. CHANDRAKALA SHETTY, RESPONDENTS NO.1 TO 32 ARE RESIDING AT GANTIHOLE, BIJOOR VILLAGE AND POST, BYNDOOR TALUK-576232. 33. M/S. SHREE CASHEWES, A PARTNERSHIP FIRM HAVING ITS OFFICE AT BETKULI VILLAGE, MIRJAN HOBLI, KUMTA TALUK, U.K.DISTRICT-581333. 34. PRAKASH A.SHETTY, S/O. ANANDA SHETTY, AGED ABOUT 50 YEARS, RESIDING AT VARSHA CO-OPERATIVE HOUSING SOCIETY, A-WING, 601, PRAKRITHI PARK AREA, AZAD NAGAR, BRAHMAND, THANE WEST, THANE MUMBAI, MAHARASHTRA-400607. 35. VISHWANATH B.SHETTY, S/O.BABU SHETTY, AGED ABOUT 38 YEARS, F-403 BUILDING, SHREE DRUSHTI B WING, NEAR RAJ RESIDENCY, RAM MANDIR ROAD, G.B.ROAD, THANE, MUMBAI, MAHARASHTRA-400607. 36. MANJUNATHA B SHETTY, S/O. BABU SHETTY, AGED ABOUT 39 YEARS, VARSHA CO-OPERATIVE HOUSEING SOCIETY, B-WING, 30, PRAKRITHI PARK AREA AZAD NAGAR, BRAHMAND, THANE WEST, - 6 - HC-KAR NC: 2026:KHC:5377 MFA No. 1846 of 2021 THANE MUMBAI, MAHARASHTRA-400607. 37. SHRINATH SHETTY, S/O. BABU SHETTY, AGED ABOUT 36 YEARS, F-403 BUILDING, SHREE DRUSHTI B WING, NEAR RAJ RESIDENCY, RAM MANDIR ROAD, G.B.ROAD, THANE, MUMBAI, MAHARASHTRA-400607. …RESPONDENTS (R1 TO R7 ARE SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE ORDER IS MADE AS UNDER: ORAL ORDER Smt.Vaishnavi, counsel on behalf of Mohammed Mannan for the appellants appeared in person and submits that the appeal may be dismissed as withdrawn. 2. When queried, counsel submits that a conscious decision is taken about the withdrawal of the appeal. 3. Submission is placed on record. - 7 - HC-KAR NC: 2026:KHC:5377 MFA No. 1846 of 2021 4. Resultantly, the appeal is dismissed as withdrawn. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 33