Dismissed¶39

Smt. Savithramma v. Smt. Radhamma

Civil Procedure – Withdrawal of appeal

Karnataka HC16 Apr 2026MFA/9195/2025

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What is this about?

NC: 2026:KHC:20818; MFA No. 9195 of 2025 (CPC); High Court of Karnataka at Bengaluru; Justice K.S. Hemalekha; decided 16 April 2026; withdrawal of miscellaneous first appeal; appeal dismissed as withdrawn; appeal infructuous due to disposal of suit; rejection of plaint; Order 43 Rule 1(R) CPC; Order 7 Rule 11(a) CPC; O.S.No. 2371/2022; I.A.Nos. 6 and 7; I.A.No.5; II Additional Senior Civil Judge Bengaluru Rural District; appellant Smt. Savithramma; respondents Radhamma, Smitha Yadav M, Sahana Yadav M, Padma M, K.M. Kumar, K.M. Gajendra; counsel Sri G M Srinivasareddy.

What did the court decide?

Appeal dismissed as withdrawn on the appellant's memo; withdrawal of the appeal permitted. ¶39

Smt. Savithramma Vs Smt. Radhamma — Karnataka HC (2026) — LawSathi Research

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1 - NC: 2026:KHC:20818 MFA No. 9195 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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MISCELLANEOUS FIRST APPEAL NO.9195 OF 2025 (CPC)

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BETWEEN:

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SMT. SAVITHRAMMA W/O G.S. VENKATARAMAIAH D/O LATE MUNGAPPA @ MUNIGAPPA AGED ABOUT 59 YEARS R/AT GOPALAPURA N. KOTHUR, CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563123

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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(BY SRI G M SRINIVASAREDDY, ADVOCATE)

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&APPELLANT

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AND:

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SMT. RADHAMMA W/O K.M. MUNIVENKATAPPA AGED ABOUT 69 YEARS

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SMT.SMITHA YADAV M D/O K.M. MUNIVENKATAPPA AGED ABOUT 33 YEARS

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2 - NC: 2026:KHC:20818 MFA No. 9195 of 2025

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HC-KAR

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SMT. SAHANA YADAV. M D/O K.M. MUNIVENKATAPPA AGED ABOUT 32 YEARS

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ALL ARE R/AT NO.20/8 2^ND MAIN, 10^TH CROSS GOVINDARAJ NAGAR VIJAYANAGAR BENGALURU NORTH BENGALURU-560 040

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SMT. PADMA M W/O LATE VENKATESH D/O LATE MUNGAPPA @ MUNIGAPPA AGED ABOUT 65 YEARS R/AT NO.77, NEAR SHANTHIKETHANA SCHOOL NARASIMHAIAH LAYOUT, WARD NO.22, DEVANAHALLI BENGALURU RURAL DISTRICT-562110

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SRI. K.M. KUMAR

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S/O LATE MUNGAPPA @ MUNIGAPPA AGED ABOUT 63 YEARS R/AT NO.180, OLD MISSION ROAD KALKERE VILLAGE HORAMAVU POST K.R. PURAM HOBLI BENGALURU EAST TALUK BENGALURU-560 043

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3 - NC: 2026:KHC:20818 MFA No. 9195 of 2025

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HC-KAR

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SRI. K.M. GAJENDRA S/O LATE MUNGAPPA @ MUNIGAPPA AGED ABOUT 53 YEARS R/AT NO.180 OLD MISSION ROAD KALKERE VILLAGE HORAMAVU POST K.R. PURAM HOBLI BENGALURU EAST TALUK BENGALURU-560 043

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&RESPONDENTS

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(NOTICES TO R1, R2, R3, R5 & R6 ARE SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/O 43 RULE 1(R) OF THE CPC, AGAINST THE ORDER DT. 09.10.2025 PASSED ON I.A.NO. 6 AND 7 IN O.S.NO. 2371/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2026:KHC:20818 MFA No. 9195 of 2025

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HC-KAR

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ORAL JUDGMENT

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Learned counsel appearing for the appellant files a

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memo seeking withdrawal of the appeal, which reads as under:

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"The petitioner filing the memo stating that the petition will become infructuous due to the disposal of the suit before the Hon'ble trial on 03.03.2026 by way of I.A.No.5 filed by defendants2 to 4 under Order 7 Rule 11(a) of CPC is allowed. Consequently, plaint is rejected.

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Wherefore it is prayed that this Hon'ble Court may be pleased to permit the petitioner to withdraw the petition, with liberty in the interest of justice and equity."

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2. The Miscellaneous First Appeal is dismissed as

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withdrawn .

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Sd/-

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__________________________ JUSTICE K.S. HEMALEKHA

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Smt. Savithramma v. Smt. Radhamma

Case brief

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Smt. Savithramma v. Smt. Radhamma

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