- 1 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS 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. 7420 OF 2024 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 7530 OF 2024(CPC) MISCELLANEOUS FIRST APPEAL NO. 7549 OF 2024(CPC) MISCELLANEOUS FIRST APPEAL NO. 7564 OF 2024(CPC) MISCELLANEOUS FIRST APPEAL NO. 7648 OF 2024(CPC) MISCELLANEOUS FIRST APPEAL NO. 7671 OF 2024(CPC) IN MFA No. 7420/2024 BETWEEN: SRI V SATHYANARAYANA RAO AGED ABOUT 70 YEARS, S/O LATE B. VENKOBA RAO, RESIDING AT: NO.103, 1ST FLOOR, M.G.B APARTMENTS, 9TH CROSS, 9TH MAIN, J.P.NAGAR, 2ND PHASE, BANGALORE - 560 078. …APPELLANT (BY SRI. SREEDHAR N G.,ADVOCATE) AND: SMT LALITHA KOTHARI AGED ABOUT 48 YEARS, W/O. SURESH KOTHARI RESIDING AT NO:- 92, 3RD FLOOR, 2ND MAIN ROAD, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS SESHADRIPURAM, BENGALURU - 560 020. …RESPONDENT (BY SRI. AMITH ANAND DESHPANDE.,ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.14.08.2024 PASSED ON IA NO.2 IN O.S.NO.2614/2017 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH NO.42), REJECTING IA NO.2 FILED U/O.39 RULE 1 AND 2 OF CPC. IN MFA NO. 7530/2024 BETWEEN: MR V SATHYANARAYANA RAO AGED ABOUT 70 YEARS, S/O LATE B. VENKOBA RAO, RESIDING AT: NO.103, 1ST FLOOR, M.G.B APARTMENTS, 9TH CROSS, 9TH MAIN, J.P.NAGAR, 2ND PHASE, BANGALORE - 560 078. ...APPELLANT (BY SRI. SREEDHAR N G.,ADVOCATE) AND: SMT LALITHA KOTHARI AGED ABOUT 48 YEARS, W/O. SURESH KOTHARI RESIDING AT NO.92, 3RD FLOOR, 2ND MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020. ...RESPONDENT (BY SRI. AMITH ANAND DESHPANDEJM .,ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 14.08.2024 PASSED ON - 3 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS I.A. NO.1 IN O.S.NO. 2614/2017 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.NO. 42), REJECTING I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. IN MFA NO. 7549/2024 BETWEEN: 1. SRI V SAHTYANARAYA RAO AGED ABOUT 70 YEARS, S/O LATE B. VENKOBA RAO, 2. SRI. V. SHIVAJIRAO AGED ABOUT 68 YEARS, S/O LATE B. VENKOBA RAO, 3. SMT. Y. VATSALA AGED ABOUT 49 YEARS, W/O. LATE V. PRAKASH RAO, 4. SRI. DARSHAN P.V AGED ABOUT 25 YEARS, S/O. LATE. V. PRAKASH RAO, 5. SRI. V. ASHOK BABU AGED ABOUT 61 YEARS, S/O LATE B. VENKOBA RAO, SMT. V. AMBUJAKSHI AGED ABOUT 72 YEARS, D/O LATE VENKOBA RAO, 6. SMT. V. GAYATHRI AGED ABOUT 62 YEARS, D/O LATE VENKOBA RAO, 7. SMT. V. USHA AGED ABOUT 56 YEARS, - 4 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS D/O LATE VENKOBA RAO, 8. SMT. V. NANDINI AGED ABOUT 46 YEARS, D/O LATE VENKOBA RAO, 9. SMT. V. MALINI AGED ABOUT 41 YEARS, D/O LATE VENKOBA RAO, ALL COMMONLY ADDRESSED AT: NO.103, 1ST FLOOR, M.G.B APARTMENTS, 9TH CROSS, 9TH MAIN, J.P.NAGAR, 2ND PHASE, BANGALORE - 560 078. ...APPELLANTS (BY SRI. SREEDHAR N G.,ADVOCATE) AND: SMT LALITHA KOTHARI AGED ABOUT 48 YEARS, W/O. SURESH KOTHARI RESIDING AT: NO.92, 3RD FLOOR, 2ND MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020 ...RESPONDENT (BY SRI. AMITH ANAND DESHPANDE .,ADVOCATE) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED14.08.2024 PASSED ON I.A.NO.2 IN OS.NO.2615/2017 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH.NO.42 REJECTING THE IA.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. - 5 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS IN MFA NO. 7564/2024 BETWEEN: 1. SRI V SATHYANARAYANA RAO AGED ABOUT 70 YEARS, S/O LATE B VENKOBA RAO 2. SRI V SHIVAJIRAO AGED ABOUT 68 YEARS, S/O LATE B VENKOBA RAO 3. SMT Y VATSALA AGED ABOUT 49 YEARS, W/O LATE V PRAKASH RAO 4. SRI DARSHAN P V AGED ABOUT 25 YEARS, W/O LATE V PRAKASH RAO 5. SRI V ASHOK BABU AGED ABOUT 61 YEARS, S/O LATE B VENKOBA RAO SMT V AMBUJAKSHI AGED ABOUT 72 YEARS, D/O LATE B VENKOBA RAO 6. SMT V GAYATHRI AGED ABOUT 62 YEARS, D/O LATE B VENKOBA RAO 7. SMT V USHA AGED ABOUT 56 YEARS, D/O LATE B VENKOBA RAO 8. SMT V NANDINI AGED ABOUT 46 YEARS, D/O LATE B VENKOBA RAO - 6 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS 9. SMT V MALINI AGED ABOUT 41 YEARS, D/O LATE B VENKOBA RAO ALL COMMONLY ADDRESSED AT: NO.103, 1ST FLOOR, M G B APARTMENTS, 9TH CROSS, 9TH MAIN, J P NAGAR, 2ND PHASE, BANGALORE - 560 078. ...APPELLANTS (BY SRI. SREEDHAR N G.,ADVOCATE) AND: SMT LALITHA KOTHARI AGED ABOUT 48 YEARS, W/O. SURESH KOTHARI RESIDING AT: NO.92, 3RD FLOOR, 2ND MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020. ...RESPONDENT (BY SRI. AMITH ANAND DESHPANDE.,ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.14.08.2024 PASSED ON IA NO.1 IN O.S.NO.2615/2017 ON THE FILE OF THE XLI ADDITIONAL CITY AND SESSIONS JUDGE, BENGALURU, (CCH NO.42), REJECTING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC. IN MFA NO. 7648/2024 BETWEEN: 1. SRI B N HARSHATH AGED ABOUT 54 YEARS, S/O LATE B. NARAYAN, - 7 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS 2. SMT. B.N. MYNAVATHI AGED ABOUT 65 YEARS, D/O LATE B. NARAYAN, 3. SMT. B.N. SHAILAJA AGED ABOUT 57 YEARS, D/O LATE B. NARAYAN ALL COMMONLY ADDRESSED AT: NO.20/1, 9TH CROSS, I MAIN, GOVINDARAJ NAGAR, VIJAYANAGAR POST, BENGALURU - 560 040 ...APPELLANTS (BY SRI. SREEDHAR N G.,ADVOCATE) AND: SMT LALITHA KOTHARI AGED ABOUT 48 YEARS, W/O. SURESH KOTHARI RESIDING AT NO:- 92, 3RD FLOOR, 2ND MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020 ...RESPONDENT (BY SRI. AMITH ANAND DESHPANDE.,ADVOCATE) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 14.08.2024 PASSED ON I.A.NO.2 IN OS.NO.2612/2017 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CCH.NO.42 REJECTING THE IA.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. IN MFA NO. 7671/2024 BETWEEN: 1. SRI B N HARSHATH AGED ABOUT 57 YEARS, - 8 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS D/O LATE B. NARAYAN, 2. SMT. B.N. MYNAVATHI AGED ABOUT 65 YEARS, D/O LATE B. NARAYAN, 3. SMT. B.N. SHAILAJA AGED ABOUT 57 YEARS, D/O LATE B. NARAYAN, ALL COMMONLY ADDRESSED AT: NO.20/1, 9TH CROSS, I MAIN, GOVINDARAJ NAGAR, VIJAYANAGAR POST, BENGALURU - 560 040. ...APPELLANTS (BY SRI. SREEDHAR N G.,ADVOCATE) AND: LALITHA KOTHARI AGED ABOUT 48 YEARS, W/O. SURESH KOTHARI RESIDING AT: NO:- 92, 3RD FLOOR, 2ND MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020. ...RESPONDENT (BY SRI. AMITH ANAND DESHPANDE .,ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.14.08.2024 PASSED ON IA NO.1 IN O.S.NO.2612/2017 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL JUDGE, BENGALURU, (CCH NO.42), REJECTING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC. - 9 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel appearing for the appellant has filed a memo seeking to withdraw these appeals, which reads as under: " The Appellant in the above case submit as follows: - The appellant in the above case humbly submit that the above appeal has become infructuous due to the reason that the original suit in between the parties to the above appeal is settled in between the parties. Wherefore, in the above perspective, the appellant in the above case humbly prays that this Hon'ble Court may be pleased to take this Memo on record and be pleased to dismiss the above case as withdrawn in the interest of Justice and Equity." 2. The said memo is taken on record. - 10 - HC-KAR NC: 2026:KHC:23944 MFA No. 7420 of 2024 C/W MFA No. 7530 of 2024 MFA No. 7549 of 2024 AND 3 OTHERS 3. In view of the memo, the Miscellaneous First Appeals are dismissed as withdrawn. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 4