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Sri K C Keshavamurthy Vs Sri Thimmaraju — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Sri K C Keshavamurthy Vs Sri ThimmarajuSri K C Keshavamurthy v. Sri Thimmaraju

Dismissed¶43-44

Sri K C Keshavamurthy v. Sri Thimmaraju

Karnataka HC22 Jul 2026MFA/2811/2026

Case brief

AI extract

What is this about?

Withdrawal of appeal by memo — MFA No. 2811 of 2026, High Court of Karnataka at Bengaluru (Pradeep Singh Yerur, J.), decided 22.07.2026 — appeal under Order XLIII Rule 1(r) read with Section 104 CPC against interlocutory order dated 26.03.2026 on IA No.3/2026 in O.S.No.305/2026, XV Additional City Civil and Sessions Judge, Bengaluru — memo of withdrawal filed by appellant's counsel (H.R. Ananthakrishnamurthy) accepted — appeal dismissed as withdrawn with liberty as prayed for — pending I.As. disposed of as not surviving. Parties: K.C. Keshavamurthy v. Thimmaraju and 9 others (respondents 1-9 represented by Chandrasekhar B; no advocate recorded for respondent No.10).

What did the court decide?

Appeal dismissed as withdrawn with liberty as prayed for; pending I.As., if any, disposed of as not surviving for consideration. The specific terms of the liberty are not set out in the judgment.

Why is it important?

The memo filed by learned counsel for the appellant seeking withdrawal of the appeal is accepted. ¶38

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn with liberty as prayed for; pending I.As., if any, disposed of as not surviving for consideration. The specific terms of the liberty are not set out in the judgment.

Issue for consideration

Whether the Miscellaneous First Appeal may be permitted to be withdrawn at the instance of the appellant on the memo filed by learned counsel.

Court's answer

The memo filed by learned counsel for the appellant seeking withdrawal of the appeal is accepted.

Ratio / Principle

The appeal is dismissed as withdrawn with liberty as prayed for.

Key takeaways

In view of the dismissal of the appeal, pending interlocutory applications, if any, do not survive for consideration and stand disposed of accordingly.ratio¶45-46

Detailed headnote1 paragraphs

Miscellaneous First Appeal No. 2811 of 2026 under Order XLIII Rule 1(r) read with Section 104 CPC against the order dated 26.03.2026 passed on IA No.3/2026 in O.S.No.305/2026 on the file of the XV Additional City Civil and Sessions Judge at Bengaluru. Learned counsel for the appellant filed a memo seeking withdrawal of the appeal; the memo was accepted and the appeal was dismissed as withdrawn with liberty as prayed for. In view of the dismissal, pending interlocutory applications, if any, were held not to survive and were disposed of. (Pradeep Singh Yerur, J.)

A

1 -

HC-KAR NC: 2026:KHC:38320 MFA No. 2811 of 2026

CNR: KAHC010272132026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JULY, 2026 BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2811 OF 2026

BETWEEN:

SRI. K.C.KESHAVAMURTHY, S/O. LATE CHIKKAPUTTAPPA, AGED ABOUT 53 YEARS, R/AT HOUSE SITUATED OPPOSITE TO GOVT. PRIMARY SCHOOL, K. NARAYANAPURA VILLAGE, KOTHANUR POST, DR.SRK NAGAR, K.R.PURAM HOBLI, BANGALORE EAST TALUK, BENGALURU - 560 077.

…APPELLANT

(BY SRI. H.R.ANANTHAKRISHNAMURTHY., ADVOCATE)

AND:

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

SRI. THIMMARAJU, S/O. LATE NANJAPPA, AGED ABOUT 58 YEARS,

SMT.LAKSHMAMMA @ RAMAKKA, D/O. LATE NANJAPPA, AGED ABOUT 54 YEARS,

SMT.LAKSHMAMMA, W/O. LATE JAGANNATHA, AGED ABOUT 52 YEARS,

2 -

HC-KAR

NC: 2026:KHC:38320 MFA No. 2811 of 2026

CNR: KAHC010272132026

SRI.ABHISHEK, S/O. LATE JAGANNATHA, AGED ABOUT 30 YEARS,

SRI.PRASHANTH @ PREM, S/O. LATE JAGANNATHA, AGED ABOUT 28 YEARS,

SMT.AMBIKA, D/O. LATE NANJAPPA, AGED ABOUT 52 YEARS,

SRI.VENKATESH.N., S/O. LATE NANJAPPA, AGED ABOUT 50 YEARS,

SMT.RAJESHWARI, D/O. LATE NANJAPPA, W/O. MANJUNATHA, AGED ABOUT 44 YEARS,

SMT.ANASUYA, W/O. SHANKAR, D/O. LATE NANJAPPA, AGED ABOUT 42 YEARS,

RESPONDENT NOS.1 TO 9 ARE RESIDING AT SY. NO.53 OF K. NARAYANAPURA VILLAGE, KOTHANUR POST, DR.SRK NAGAR, K.R. PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 077.

3 -

HC-KAR

NC: 2026:KHC:38320 MFA No. 2811 of 2026

CNR: KAHC010272132026

SRI. VENKATESH @ PALANI, S/O. LATE NANJAPPA, AGED ABOUT 47 YEARS, RESIDING AT SY.NO.53 OF K. NARAYANAPURA VILLAGE, KOTHANUR POST, DR.SRK NAGAR, K.R. PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 077.

…RESPONDENTS (BY SRI.CHANDRASEKHAR B, ADVOCATE FOR R1 TO R9)

THIS MFA IS FILED U/O.43 RULE 1(r) READ WITH SECTION 104 OF THE CPC, AGAINST THE ORDER DATED 26.03.2026 PASSED ON IA NO.3/2026 IN O.S.NO.305/2026 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.

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 the appellant has filed a memo

seeking withdrawal of the appeal.

The memo is accepted.

4 -

HC-KAR

NC: 2026:KHC:38320 MFA No. 2811 of 2026

CNR: KAHC010272132026

The appeal is dismissed as withdrawn with

liberty as prayed for.

In view of the dismissal of the appeal, pending I.As., if any, do not survive for consideration and

accordingly disposed of.

Sd/(PRADEEP SINGH YERUR) JUDGE

BVK List No.: 1 Sl No.: 11

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Miscellaneous First Appeal may be permitted to be withdrawn at the instance of the appellant on the memo filed by learned counsel.medium confidence¶36-37
The court held
The memo filed by learned counsel for the appellant seeking withdrawal of the appeal is accepted.ratio¶38

Statutes considered

2 provisions across 1 enactments

AI extract

Code of Civil ProcedureOrder XLIII Rule 1(r)¶32 Section 104¶32

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 26.03.2026 passed on IA No.3/2026 in O.S.No.305/2026, challenged in this Miscellaneous First Appeal.¶32
XV Additional City Civil and Sessions Judge at Bengaluru · 26.03.2026
Prior proceeding
O.S.No.305/2026 pending on the file of the XV Additional City Civil and Sessions Judge at Bengaluru, in which IA No.3/2026 was taken up.¶32
Prior proceeding
The present Miscellaneous First Appeal was filed under Order XLIII Rule 1(r) read with Section 104 CPC against the order dated 26.03.2026 on IA No.3/2026.¶32
Prior proceeding
Learned counsel for the appellant filed a memo seeking withdrawal of the appeal, which the court accepted.¶36-37

Parties & counsel

AI extract

appellant
Sri. K.C. Keshavamurthy¶7
Sri. H.R. Ananthakrishnamurthy
respondent
Sri. Thimmaraju¶12
Sri. Chandrasekhar B
respondent
Smt. Lakshmamma @ Ramakka¶13
Sri. Chandrasekhar B
respondent
Smt. Lakshmamma¶14
Sri. Chandrasekhar B
respondent
Sri. Abhishek¶19
Sri. Chandrasekhar B
respondent
Sri. Prashanth @ Prem¶20
Sri. Chandrasekhar B
respondent
Smt. Ambika¶21
Sri. Chandrasekhar B
respondent
Sri. Venkatesh N.¶22
Sri. Chandrasekhar B
respondent
Smt. Rajeshwari¶23
Sri. Chandrasekhar B
respondent
Smt. Anasuya¶24
Sri. Chandrasekhar B
respondent
Sri. Venkatesh @ Palani¶30

Coram

AI extract

PRADEEP SINGH YERURauthor¶34

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 22 Jul 2026 · July
Registered: 17 Apr 2026
Case no.: MFA/2811/2026
CNR: KAHC010272132026
Bench: Pradeep Singh Yerur
Disposal: DISMISSED
Case type: MFA

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Cite this judgement

Sri K C Keshavamurthy v. Sri Thimmaraju, MFA/2811/2026 (KA), decided on 22 July 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Code of Civil ProcedureOrder XLIII Rule 1(r) · Section 104

View all statutes

Procedural history4

Order dated 26.03.2026 passed on IA No.3/2026 in O.S.No.305/2026, challenged in this Miscellaneous First Appeal.XV Additional City Civil and Sessions Judge at Bengaluru · 26.03.2026
O.S.No.305/2026 pending on the file of the XV Additional City Civil and Sessions Judge at Bengaluru, in which IA No.3/2026 was taken up.
The present Miscellaneous First Appeal was filed under Order XLIII Rule 1(r) read with Section 104 CPC against the order dated 26.03.2026 on IA No.3/2026.

View full history

Bench / Coram

PRADEEP SINGH YERUR

Parties & counsel