Citation : 2025 Latest Caselaw 11086 Kant
Judgement Date : 2 December, 2025
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RSA No. 1836 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1836/2025 (PAR/INJ)
BETWEEN:
1. SRI. G.R.KRISHNAPPA
SINCE DEAD BY LRS.
1(a) SRI. G.K.NAGARAJU
SON OF G.R.KRISHNAPPA
AGED ABOUT 56 YEARS
RESIDING AT GUNJUR VILLAGE
GOKUL BEEDHI
VARATHUR HOBLI
BENGALURU EAST TALUK.
1(b) SRI. G.K. CHANDRASEKAR
SON OF G.R.KRISHNAPPA
AGED ABOUT 53 YEARS
Digitally signed RESIDING AT CIANJUR VILLAGE
by DEVIKA M
GOKUL BEEDHI
Location: HIGH VARATHUR HOBLI
COURT OF
KARNATAKA BENGALURU EAST TALUK.
1(c) SRI. G.K. MOHANRAJ
SON OF G.R.KRISHNAPPA
AGED ABOUT 46 YEARS
RESIDING AT GUNJUR VILLAGE
GOKUL BEEDHI
VARATHUR HOBLI
BENGALURU EAST TALUK.
1(d) SMT. SHATHAMMA
WIFE OF G.R.KRISHNAPPA
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AGED ABOUT 75 YEARS
RESIDING AT GUNJUR VILLAGE
GOKUL BEEDHI
VARATHUR HOBLI
BENGALURU EAST TALUK.
2. SRI. G.R.GOPAL
SON OF LATE G.RAMESH
AGED ABOUT 76 YEARS
RESIDING AT GUNJUR VILLAGE
GOKUL BEEDHI, VARATHUR HOBLI
BENGALURU EAST TALUK
APPELLANTS NO.1(a) TO (d) AND 2
REPRESENTED BY THEIR GPA HOLDER
APPELLANT NO.3
BY ITS MANAGING DIRECTOR
MR. M. KARTHIKEYAN,
(AS PER GPA DATED 04-09-2019,
REGISTERED AS DOC NO.437/2019-20,
BOOK-IV, REGISTERED BEFORE THE
SUB-REGISTRAR, BANASAWADI,
BENGALURU AND ANOTHER
GPA DATED 22-03-2019,
REGISTERED AS DOC.NO.56/2019-20
BOOK-IV, REGISTERED BEFORE THE
SUB-REGISTRAT MAHADEVAPURA,
BENGALURU)
3. M/S. MYHNA PROPERTIES PVT. LTD.,
NO.83, 1ST FLOOR, G.P. PLAZA
OUTER RING ROAD, ANADANAGAR
NEAR KALAMANDI, MARATHALLI
BENGALURU-560037
REPRESENTED BY ITS
MANAGING DIRECTOR
SRI. M. KARTHIKEYAN.
...APPELLANTS
(BY SRI. VISHWAS GOWDA G.M., ADVOCATE)
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RSA No. 1836 of 2025
HC-KAR
AND:
1. SRI. RAMACHANDRA
SINCE DEAD LRS BY
1(a) SMT. CHAITHRA
DAUGHTER OF LATE RAMACHANDRA
AGED ABOUT 33 YEARS
RESIDING AT NO.366
3RD CROSS, 2ND STAGE
KANTEERAVANAGAR
NANDININ LAYOUT
BENGALURU-560 096.
2. SMT. RENUKA
DAUGHTER OF LATE G.R.YELLAPPA
WIFE OF MARIYAPPA
AGED ABOUT 59 YEARS
RESIDENT OF SHILLANGERI
KOLAR TALUK AND DISTRICT-563 102.
3. SRI. SURESH
SON OF LATE G.R. YELLAPPA
AGED ABOUT 56 YEARS
RESIDING AT NO.3,
1ST FLOOR, KEB OFFICE BUILDING
TANK BUND ROAD, HULIMAVU
BENGALURU-560 076.
4. SRI. LOKESH
SON OF LATE G.R. YELLAPPA
AGED ABOUT 51 YEARS
RESIDING AT NO.378/9, 3RD B CROSS
RAGHAVENDRA BADAVANE, HULIMAVU
BENGALURU-560 076.
5. SMT. MAMATHA
DAUGHTER OF LATE G.R. YELLAPPA
WIFE OF H.BABU
AGED ABOUT 49 YEARS
RESIDING AT NO.237,
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3RD CROSS, WEAVERS COLONY
GOTTIGERE, BANNERUGATTA ROAD
BENGALURU -560 083.
6. SMT. VENKATAMMA
WIFE OF LATE G.R. YELLAPPA,
AGED ABOUT 78 YEARS
RESIDING AT NO.2237,
3RD CROSS, WEAVERS COLONY
GOTTIGERE, BANNERUGATTA ROAD
BENGALURU -560008.
7. SRI. G.R. NARAYANASWAMY
SON OF LATE G.RAMAIAH
AGED ABOUT 81 YEARS
RESIDING AT NO.436
RAGHU FACTORY ROAD
DOMMASANDRA
SARAJAPURA HOBLI
ANEKAL TALUK
BENGALURU RURAL DISATRICT-562 125.
8. SRI. G.R.THIMMARAJU
SON OF LATE G.RAMAIAH
AGED ABOUT 69 YEARS
RESIDING AT C/O KRISHNAMMA
NO.51, 23RD CROSS, J.C.NAGAR
PIPE LIN, KURBURAHALLI
BENGALURU-560 086.
9. SMT. SUBBALAKSHAMMA
DAUGHTER OF LATE G.RAMAIAH
WIFE OF LATE VENKATACHALLAPPA
AGED ABOUT 69 YEARS
RESIDING AT GUNJUR VILLAGE
GOKUL BEEDHI, VARATHUR HOBLI
BENGALURU EAST TALUK.
10. SRI. JAGADEESH,
SON OF LATE G.R.YELLAMMA
AGED ABOUT 49 YEARS
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11. SRI. SUBRAMANI
SON OF G.R. YELLAPPA
AGED ABOUT 49 YEARS
12. SRI. RAMA
SON OF G.R. YELLAPPA
AGED ABOUT 49 YEARS
THE RESPONDENTS NO.10 TO 12 ARE
RESIDING AT NO.490/3,
GUNDAPPA BEEDHI, DOMMASANDRA
SARJAPURA HOBLI, ANEKAL TALUK
BENGALURU-562 125.
13. SMT. G.R.CHOWDAMMA
WIFE OF LATE G.RAMAIAH
AGED ABOUT 75 YEARS
RESIDENT OF SHILLANGERE
KOLAR TALUK AND DISTRICT-563 102.
14. SMT. KRISHNAMMA
DAUGHTER OF LATE G.RAMAIAH
WIFE OF RAMAKRISHNAPPA
AGED ABOUT 73 YEARS
RESIDING AT NO.59, 4TH CROSS
SOCIETY COLONY, ADUGODI
BENGALURU-560 030.
...RESPONDENTS
(BY SRI. G. VIJAY KUMAR, ADVOCATE FOR C/9)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
SEEKING TO SET ASIDE THE ORDER DATED 13.08.2025,
PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN
R.A.NO.39/2022 AND 67/2022 BY CONFIRMING THE ORDERS
PASSED ON IA UNDER ORDER VII RULE 11(a) AND (d) OF
CPC, IN O.S.NO.551/2012 DATED 14.03.2022 PASSED BY THE
VI ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU.
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RSA No. 1836 of 2025
HC-KAR
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
Learned counsel for the appellants has filed a memo
praying this Court to withdraw the appeal and file appropriate
petition seeking appropriate remedy with liberty to file a fresh
appropriate petition in accordance with law.
2. The memo is taken on record.
In terms of the memo, the appeal is dismissed as
withdrawn with liberty as sought.
Sd/-
(H.P.SANDESH) JUDGE
ST
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