Appeal against rejection of plaint under Order VII Rule 11 CPC was not pressed; counsel filed memo seeking withdrawal and the appeal was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:9229-DB RFA No. 2309 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 2309 OF 2024 (PAR/DEC)
BETWEEN:
Digitally signed by PAVITHRA N Location: High Court of Karnataka
NC: 2026:KHC:9229-DB RFA No. 2309 of 2024
HC-KAR
AGED ABOUT 55 YEARS
ALL APPELLANTS No.1 TO 12 ARE RESIDING AT HORAMAMUAGRA No.150/5, B, BBMP OFFICE ROAD K.R. PURAM HOBLI HORAMAVU POST BENGALURU-560 043
…APPELLANTS
(BY SRI. LOURDU MARIYAPPA A., ADVOCATE)
HC-KAR
AND:
NC: 2026:KHC:9229-DB RFA No. 2309 of 2024
HC-KAR
HC-KAR
AGED ABOUT 49 YEARS
RESPONDENTS No.5 TO 17 ARE RESIDING AT HORAMAMUAGRA No.150/5, B, BBMP OFFICE ROAD K.R. PURAM HOBLI, HORAMAVU POST BENGALURU-560 043
…RESPONDENTS
(BY SRI. VENKATESH C., ADVOCATE FOR C/R1, C/R2, C/R4; SRI. S.K. VENKATACHALAPATHI, ADVOCATE FOR R12 TO R15 & R17;
R3, R5 TO R11 & R16 ARE SERVED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 03.09.2024 PASSED ON I.A.No.2 IN OS.No.941/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.No.2 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC, FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
NC: 2026:KHC:9229-DB RFA No. 2309 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
Learned counsel appearing for the appellants seeks
leave of the Court to withdraw the appeal and has filed a
memo to that effect. The memo reads as under:-
"The Undersigned Counsel for the Appellants in the above appeal, most respectfully submits that, the above appeal is not pressed and permit the appellants to withdraw the same and consequently above appeal may dismissed as withdrawn, in the interest of justice and equity."
withdrawn.
Pending interlocutory applications shall stand
disposed of.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
CP; List No.: 3 Sl No.: 4
2 provisions across 1 enactments
Smt. Krishnamma
Smt. Neelamma
Sri. Govindappa
Smt. Mariyamma
Smt. Sharadamma
Smt. Krishnamma (D/o Thotada Muniyappa)
Anu Sivaraman
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
