- 1 - HC-KAR NC: 2026:KHC:7491 MSA No. 117 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 117 OF 2017 (RO) BETWEEN: 1. SRI. C.N. SHASHIKIRAN S/O C.M. NAGARAJ, AGED ABOUT 43 YEARS, R/AT NO.1955, 8TH MAIN, E-BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010. 2. SRI. C.N. RAVIKIRAN S/O C.M. NAGARAJ, AGED ABOUT 46 YEARS, R/AT NO.1954, 8TH MAIN E-BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010. SINCE DIED LRS ON RECORD. 2(a) SMT. RASHMI RAVIKIRAN W/O LATE C.N.RAVIKIRAN AGED ABOUT 45 YEARS, 2(b) TEJAS KIRAN C.R. S/O LATE C.N.RAVIKIRAN AGED ABOUT 22 YEARS, 2(c) SHREYAS KIRAN C.R. S/O LATE C.N.RAVIKIRAN AGED ABOUT 19 YEARS, ALL THE APPELLANT NOS.2(a) TO 2(c) RESIDING AT NO.1954, 8TH MAIN Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7491 MSA No. 117 of 2017 E-BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010. AMENDMENT CARRYOUT AS PER THIS HON'BLE COURT ORDER DATED 27.05.2022. …APPELLANTS (BY SRI. RAMESH K.R., ADVOCATE) AND: 1. SMT. PREMA W/O B.H. HONNAPPA D/O LATE GANGAPPA M.H. AGED ABOUT 47 YEARS, R/AT NO.5, "D" BLOCK, POLICE QUARTERS, 2ND BLOCK, RAJAJINAGAR, BENGALURU-560 010. 2. SMT. LAKSHMAMMA W/O LATE M.H. GANGAPPA AGED ABOUT 78 YEARS, R/O MALLARABANAVADI POST KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123. SINCE DECEASED (RESPONDENT NO.1, 3 TO 7 ARE THE LEGAL REPRESENTATIVES OF THE DECEASED RESPONDENT NO.2) AMENDMENT CARRIED OUT AS PER THE HON'BLE COURT ORDER DATED 09.01.2026. 3. SRI. G. MAHADEVAIAH S/O M.H. GANGAPPA AGED ABOUT 58 YEARS, R/AT NO.16/2, 14TH CROSS, PIPELINE ROAD, T. DASARAHALLI, BENGALURU-560057. - 3 - HC-KAR NC: 2026:KHC:7491 MSA No. 117 of 2017 4. SRI. G. SHIVASHANKARAIAH S/O LATE M.H GANGAPPA AGED ABOUT 49 YEARS, R/O MALLARABANAVADI POST KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123. ALSO AT G. SHIVASHANKARAIAH S/O LATE M.H. GANGAPPA OCC: CONDUCTOR, BMTC, YESHWANTHPURA, BENGALURU-560 022. 5. SRI. G. VISHWANATH S/O LATE M.H. GANGAPPA AGED ABOUT 45 YEARS, R/O NO.94, PAPANNA BUILDING MEENAKSHI NAGAR, 4TH MAIN ROAD, KAMAKSHIPALYA NEW EXTENSION, BASAVESHWAR NAGAR, BENGALURU-560 079. 6. SMT. G. HONNAMMA D/O LATE M.H. GANGAPPA W/O B.H. MALLIKARJUNAPPA AGED ABOUT 60 YEARS, R/O NO.538, 1ST FLOOR, 5TH CROSS, MAHALAKSHMINAGAR, BENGALURU-560 086. 7. SMT. G.VASANTHAKUMARI D/O LATE M.H. GANGAPPA W/O LATE PRABHUDEV, AGED ABOUT 43 YEARS, R/O KENKEREPALYA, SUGGANAHLLI POST, MAGADI TALUK, BENGALURU RURAL DISTRICT-562128. …RESPONDENTS (BY SRI. SURESH KUMAR H.M., ADVOCATE FOR RESPONDENT NO.1; SRI. L.P.SURESH, ADVOCATE FOR RESPONDENT NO.4; VIDE ORDER DATED 09.01.2026, RESPONDENT NO.1, 3 TO 7 ARE PERMITTED TO COME ON RECORD AS LRS OF DECEASED RESPONDENT NO.2;) - 4 - HC-KAR NC: 2026:KHC:7491 MSA No. 117 of 2017 THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC,1908 AGAINST THE JUDGMENT AND DECREE DATED 18.07.2016 PASSED IN RA NO.51/2014 ON THE FILE OF THE VII ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE (R) DISTRICT, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 21.11.2013 PASSED ON IA NO.11 IN OS NO.478/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING THE IA NO.11 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC., FOR REJECTION OF REMANDING THE MATTER TO THE TRIAL COURT FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT A memo is filed seeking leave of the Court to withdraw the appeal. 2. The memo is accepted. 3. In view of the memo, this appeal is dismissed as withdrawn. 4. In view of dismissal of the appeal, pending I.As., if any, do not survive for consideration and the same stand dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMR List No.: 1 Sl No.: 1