IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2418 OF 2021 (CPC)

C/W MISCELLANEOUS FIRST APPEAL NO. 2415 OF 2021 (CPC)

IN MFA No. 2418/2021 BETWEEN:

INDIRANAGAR CLUB A SOCIETY REGISTERED BY THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS OFFICE AT NO.3273, 2^ND STAGE, BENGALURU-560 038 REPRESENTED HEREIN BY ITS SECRETARY SRI. M. NAGENDRA …APPELLANT Digitally signed by LAKSHMINARAYAN N Location: HIGH (BY SRI. SUKUMARAN G., ADVOCATE)

COURT OF KARNATAKA AND:

P. MUNISWAMY S/O LATE SRI. PAPAIAH AGED ABOUT 70 YEARS R/AT NO.M-1, LIC COLONY, 15^TH SECTOR, JEEVANBIMANAGAR, BENGALURU - 560 075 …RESPONDENT (BY SRI. V.S. HARISH & SRI. P.B. RAJU, ADVOCATES.)

THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.26.02.2021 PASSED ON IA NO.1 IN O.S.NO.25515/2020 ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-20), ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC.

IN MFA NO. 2415/2021 BETWEEN:

1. INDIRANAGAR CLUB A SOCIETY REGISTERED BY THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS OFFICE AT NO.3273 2^ND STAGE, BENGALURU-560 038 REPRESENTED HEREIN BY ITS SECRETARY SRI. M. NAGENDRA

2. SRI B.N.S. REDDY AGED ABOUT 62 YEARS, R/AT 7^TH CROSS, CAMBRIDGE LAYOUT, BENGALURU-560008.

3. SRI M. NAGENDRA S/O SRI MUNIVENKATAPPA AGED ABOUT 59 YEARS, R/AT NO.131, 2^ND A CROSS, DOMLUR LAYOUT, BENGALURU-560071.

...APPELLANTS (BY SRI. SUKUMARAN G., ADVOCATE)

AND:

1. DR. B V CHANDREGOWDA S/O LATE SRI B. CHIKKAVENKATEGOWDA R/AT NO.720/A-7, 11^TH MAIN, 9^TH CROSS, HAL II STAGE, INDIRANAGAR, BANGALORE-560008.

2. AHMED ABBAS S/O LATE SRI DR. H M FAREED AGED ABOUT 43 YEARS, R/AT NO.569, 1^ST FLOOR

6^TH CROSS, 8^TH MAIN HAL II STAGE, INDIRANAGAR, BENGALURU-560038.

3. V. MUNIRAJU S/O LATE SRI. VENKATAPPA, AGED ABOUT 64 YEARS, R/AT NO.4444, M.E.S. COLONY, KONENA AGRAHARA, HAL II STAGE, INDIRANAGAR, BENGALURU-560008.

4. SAMARTH PRAKASH S/O SRI D K PRAKASH AGED ABOUT 34 YEARS, R/AT NO.2722 NEW DHIPPASANDRA MAIN ROAD, HAL 3^RD STAGE BENGALURU-560075

5. A B SHARATH S/O SRI A BHOJARAJ AGED ABOUT 42 YEARS, R/AT NO.201, SENTINI PLAZA WHISPERING MEADOWS VASAWANI LAYOUT, CHALLAGHATTA BENGALURU-560037.

6. P. MUNISWAMY S/O LATE SRI PAPAIAH AGED ABOUT 70 YEARS, R/AT NO.M-1, LIC COLONY

15^TH SECTOR, JEEVANBHIMANAGAR BENGALURU-560075

7. K. NARAYANA S/O SHRI K. KRISHNAPPA M., AGED ABOUT 68 YEARS, R/AT NO.854/C, 10^TH MAIN

3^RD CROSS, 2^ND STAGE, INDIRANAGAR, BENGALURU-5600038.

8. RAM MOHAN MENON, S/O LATE SRI A D MENON, AGED ABOUT 65 YEARS, R/AT NO. 58/A, SWAGATHAM

1^ST CROSS ROAD, DOMLUR LAYOUT BENGALURU-560071

9. S. RAJKUMAR, S/O SRI SELVARAJ A AGED ABOUT 47 YEARS, R/AT 274, V R MANOR, FLAT NO.204, 100 FEET ROAD, INDIRANAGAR, BENGALURU-560038

10. BABU R CHETHAN REDDY S/O B N R REDDY, AGED ABOUT 36 YEARS, R/AT SRI RASHI NO.1172

5^TH MAIN ROAD, SECTOR 7, HSR LAYOUT BENGALURU-560102

11. AMAR SADASHIVAIAH S/O LATE SADASHIVAIAH, AGED ABOUT 45 YEARS, R/AT NO.63 1^ST CROSS, INDIRANAGAR, HAL 3^RD STAGE, BENGALURU-56007 ...RESPONDENTS (BY SRI. KAMALACHARAN, ADV. FOR C/R1 TO R5.)

THIS M.F.A. IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED:26.02.2021 PASSED ON IA.No.2 IN O.S.No.2468/2020 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU, (CCH-20), ALLOWING IA No.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC, READ WITH SECTION 151 OF CPC.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

Learned counsel for the appellants has filed a memo seeking leave of this Court to dismiss the appeal as not pressed.

2. In view of the memo, the appeals are dismissed as withdrawn.

Sd/-

(HANCHATE SANJESEVKUMAR)

JUDGE SSD List No.: 1 Sl No.: 9