- 1 - HC-KAR NC: 2026:KHC:20833 RSA No. 688 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 688 OF 2026 (SP) BETWEEN: KARNATAKA HOUSING BOARD KHB COMPLEX CAUVERY BHAVAN K.G.ROAD, BENGALURU-560 009 REPRESENTED BY ITS ASSISTANT EXECUTIVE ENGINEER … APPELLANT (BY SRI VINAYA H., ADVOCATE) AND: 1. 2. 3. 4. 5. SRI BASAPPA SINCE DECEASED, REP. BY HIS LRS. SMT.HEMAVATHI W/O.LATE BASAPPA AGED ABOUT 67 YEARS SRI SUNIL KUMAR S/O.LATE BASAPPA AGED ABOUT 44 YEARS SMT.SHASHIKALA D/O.LATE BASAPPA AGED ABOUT 46 YEARS SMT.GIRIJAMBA D/O.LATE BASAPPA AGED ABOUT 44 YEARS SMT.NEELA D/O.LATE BASAPPA AGED ABOUT 44 YEARS Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20833 RSA No. 688 of 2026 R-1 TO R-5 ARE R/AT HAMPAPURA VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU RURAL DISTRICT 6. SRI CHENNIGAPPA S/O.SRI PUTTABASAPPA AGED ABOUT 66 YEARS R/AT HAMPAPURA VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU RURAL DISTRICT-560 060 7. SRI H.P.LAKSHMANA S/O.LATE PUTTABASAPPA AGED ABOUT 61 YEARS R/AT HAMPAPURA VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK-560 060 8. M/S.MEGACITY (BENGALURU) DEVELOPERS AND BUILDERS LTD. NO.1, "CHANDRA LOK" 5TH CROSS, GANDHINAGAR BENGALURU-560 009 REP. BY ITS MANAGING DIRECTOR 9. SRI C.P.YOGEESHWARA S/O.SRI PUTTAMADEGOWDA AGED ABOUT 67 YEARS R/AT CHEKKERE VILLAGE MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 159 …RESPONDENTS (BY SRI NAGARAJ SHETTY, ADVOCATE FOR C/R-8 & R-9) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 02.04.2026 PASSED IN R.A.NO.59/2026 BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, - 3 - HC-KAR NC: 2026:KHC:20833 RSA No. 688 of 2026 BENGALURU RURAL DISTRICT, BENGALURU AND CONSEQUENTLY, RESTORE THE ORDER DATED 09.03.2026 PASSED ON IA.NO.V IN O.S.NO.938/2010 BY I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC. 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 files a memo, which reads as under: "In view of the above matter, the Appellant had filed the instant Appeal challenging the Judgment passed by the Hon'ble First Appellate Court in RA. No. 59/2026, restoring the suit in OS No.938/2010, on the file of 1st Addl. Senior Civil Judge at Bengaluru rural District, Bengaluru. It is submitted that, the Appellant by oversight filed the instant Appeal instead of filing of Miscellaneous Second Appeal before this Hon'ble Court. Hence that this Hon'ble Court may kindly be pleased to permit the Appellant to withdraw the instant Appeal with liberty to file a Miscellaneous Second Appeal before this Hon'ble Court. And further that this Hon'ble Court may kindly be pleased to direct the registry to refund - 4 - HC-KAR NC: 2026:KHC:20833 RSA No. 688 of 2026 the Court fees paid by the Appellant in the instant Appeal. In the interest of justice and equity." Placing the said memo on record, this appeal is dismissed as withdrawn, reserving liberty to the appellant to file appropriate appeal before the appropriate forum. In view of withdrawal of the appeal, Registry is directed to refund the entire Court fee as per the Karnataka Court-Fee and Suits Valuation Act, 1958, upon the appellant furnishing relevant Bank details. Registry to refund the amount to the appellant within a period of two weeks from the date of appellant furnishing necessary Bank details. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 16