IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 25 OF 2006 (INJ)

BETWEEN:

1. SRI RAMAPPA @ K RAMAIAH S/O LATE SRI. KAVERAPPA SINCE DECEASED BY HIS LRS SRI. RAMANJINEYA

1A.

S/O. RAMAPPA @ K. RAMAIAH AGED ABOUT 41 YEARS

1B. KAVERAPPA S/O. LATE RAMAPPA @ K. RAMAIAH AGED ABOUT 40 YEARS Digitally signed

1C. NETHRAVATHI by SHARADAVANI D/O. LATE RAMAPPA @ K. RAMAIAH B AGED ABOUT 36 YEARS Location: High Court of Karnataka

1D. NAGESH S/O. LATE RAMAPPA @ K. RAMAIAH AGED ABOUT 30 YEARS

2. SRI LAKSHMANA S/O LATE SRI KAVERAPPA SINCE DECEASED BY LRS 2A. SANDEEP KUMAR L.

S/O. LATE K. LAKSHMANA AGED ABOUT 34 YEARS

2B. ASHA D/O. LATE K. LAKSHMANA AGED ABOUT 32 YEARS

2C. GEETHA D/O. LATE K. LAKSHMANA AGED ABOUT 28 YEARS

2D. SANDYA D/O. LATE K. LAKSHMANA AGED ABOUT 26 YEARS

2E. RATHNAMMA W/O. K. LAKSHMANA AGED ABOUT 55 YEARS ALL ARE R/AT 184, 4^TH CROSS BILEKAHALLI LAYOUT, BEGUR HOBLI, BANNERGHATTA ROAD BANGALORE - 560 076 …APPELLANTS (BY SRI. S. SHIVASHANKAR, ADVOCATE)

AND:

1. M MUNIVEERAPPA AGED ABOUT 66 YEARS, R/AT NO.239, II CROSS, BILEKAHALLI BANNERGHATTA ROAD, WARD NO.24, BANGALORE 76.

…RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED)

THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 09.09.2005 PASSED IN O.S. NO.15479/2001 ON THE FILE OF THE CITY CIVIL AND SESSIONS JUDGE (MAYOHALL),BANGALORE, (CCH-21), DISMISSING THE SUIT FOR PERMANENT INJUCTION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

I.A.No.1/2025 is filed seeking withdrawal of the appeal under Order XXIII Rule 1 read with Section 151 of the Code of Civil Procedure.

2. Application is supported by an affidavit of all the appellants. Perused the affidavit. Satisfied.

3. Hence, I.A.No.1/2025 is allowed in view of the fact that RFA No.457/2016 filed by Lakshmama alias Thimmakka has been withdrawn.

4. All the available and favourable points are permitted to be urged by the appellants herein in the intended suit to be filed by Lakshmamma alias Thimmakka.

5. Accordingly, the appeal stands disposed off Sd/-

(V SRISHANANDA)

JUDGE SNC CT-SG List No.: 1 Sl No.: 19