- 1 - HC-KAR NC: 2026:KHC:23945 MFA No. 1651 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 1651 OF 2026 (CPC) BETWEEN: SRI APPANNACHARI S/O LATE RANGACHARI, AGED ABOUT 68 YEARS, R/AT UDAYA NAGAR, KADU HAMPAPURA VILLAGE, H.D.KOTE TALUK, MYSURU - 571 125. …APPELLANT (BY SRI. NANDISH PATIL.,ADVOCATE) AND: 1. SANNA SOMACHARI DEAD BY LRS 1(A) TAYAMMA, W/O SANNA SOMACHARI, AGED ABOUT 63 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) 1(B) LAKSHMAMMA, D/O SANNA SOMACHARI, W/O PUTTASWAMY, AGED ABOUT 47 YEARS, R/AT SIDDALINGAPURA, MYSURU TALUK. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23945 MFA No. 1651 of 2026 1(C) SIDDAPPAJI, S/O SANNA SOMACHARI, AGED ABOUT 44 YEARS, 1(D) GUNDA, S/O SANNA SOMACHARI, AGED ABOUT 42 YEARS, 1(E) CHIRU, S/O SANNA SOMACHARI, AGED ABOUT 42 YEARS, 1(F) PADMA, W/O PRASANNA, D/O SANNA SOMACHARI, AGED ABOUT 38 YEARS, 1(G) NAGENDRA, S/O SANNA SOMACHARI, AGED ABOUT 36 YEARS, 1(A) AND 1(B) TO (G) ARE THE WIFE AND CHILDREN'S OF DECEASED SANNA SOMACHARI 1(A) AND 1(B) TO (G) ARE R/AT VARUNA VILLAGE, VARUNA HOBLI, MYSURU - 570 010. 2. SIDDACHARI DEAD BY LRS 2(A) KAMALAMMA W/O LATE SIDDACHARI AGED ABOUT 88 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) - 3 - HC-KAR NC: 2026:KHC:23945 MFA No. 1651 of 2026 2(B) SHOBHA D/O LATE SIDDACHARI AGED ABOUT 74 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2(C) NETHRAVATHI D/O LATE SIDDACHARI AGED ABOUT 72 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2(D) JYOTHI, D/O LATE SIDDACHARI, AGED ABOUT 69 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2(E) RACHAPPAJI, S/O LATE SIDDACHARI, AGED ABOUT 72 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2(F) RACHAMMA, W/O LATE SIDDACHARI, AGED ABOUT 80 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2(G) SRINIVASA S/O LATE SIDDACHARI, AGED ABOUT 56 YEARS, 2(A) TO 2(G) ALL ARE R/AT VARUNA VILLAGE, VARUNA HOBLI, MYSURU - 570 010. - 4 - HC-KAR NC: 2026:KHC:23945 MFA No. 1651 of 2026 3. SMT. NEELAMMA, W/O LATE RANGASWAMACHARI, AGED ABOUT 63 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) 4. SRI. RAMACHANDRACHARI, S/O LATE RANGASWAMACHARI, AGED ABOUT 45 YEARS, RESPONDENT NO.1, 3 AND 4 ALL ARE RESIDING AT VARUNA VILLAGE, VARUNA HOBLI, MYSURU - 570 010. 5. SRI.PRAKASH, S/O LATE SIDDEGOWDA, AGED ABOUT 75 YEARS, 827, VINAYAMARGA, SIDDARTHANAGARA, MYSURU - 570 011 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …RESPONDENTS (BY SRI. P SATHISH.,ADVOCATE FOR 5) THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 11.08.2025 PASSED ON I.A.NO.1 IN CIVIL MISC.NO. 119/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU, DISMISSING THE PETITION FILED UNDER ORDER IX RULE 13 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:23945 MFA No. 1651 of 2026 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking to withdraw the present appeal, which reads as under: "The Appellant respectfully Submits as under: It is most humbly submitted that this Hon'ble Court may be pleased to permit the Appellant to withdraw the present appeal, with liberty to approach the District and Sessions Court, in the interest of justice and equity." 2. The said memo is taken on record. 3. In view of the memo, the Miscellaneous First Appeal is dismissed as withdrawn with liberty as prayed for. 5. The time spent in prosecuting the appeal before this Court is made available to the appellant under Section 14 of the Limitations Act, 1963. - 6 - HC-KAR NC: 2026:KHC:23945 MFA No. 1651 of 2026 6. Registry to return back the original documents to the appellant. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 7