- 1 - HC-KAR NC: 2025:KHC:20639-DB RFA No. 139 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 139 OF 2023 (PAR) BETWEEN: SRI. K. ANIL KUMAR S/O LATE R. KRISHNAPPA AGED ABOUT 50 YEARS R/AT No.48, C-3, G/FLR SHANKAR MUTT ROAD BASAVANAGUDI BENGALURU-560 004 …APPELLANT (BY SRI. JOHN PAUL, ADVOCATE) AND: 1. SMT. K. LAKSHMI @ LAKSHMAMMA D/O LATE R. KRISHNAPPA W/O SRI. N. MOHAN AGED ABOUT 53 YEARS R/AT. No.34, FLAT No.101 INDIRA AKASH APARTMENT 21ST MAIN, 3RD 'D' CROSS, B.T.M. II STAGE BENGALURU-560 076 2. SMT. K. VANAJAKSHI D/O LATE R. KRISHNAPPA W/O K. SHIVAKUMAR AGED ABOUT 51 YEARS R/AT No.1, 2ND CROSS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20639-DB RFA No. 139 of 2023 APC LAYOUT, THINDLU VIDYARANYAPURA POST BENGALURU-560 097 3. SRI. K. SUDARSHAN S/O LATE R. KRISHNAPPA AGED ABOUT 44 YEARS 4. SMT. K. LINGARATHNAMMA W/O LATE R. KRISHNAPPA AGED ABOUT 74 YEARS RESPONDENTS No.3 & 4 ARE R/AT. No.64/A, 1ST FLOOR 4TH CROSS ROAD, KANAKA NAGAR CHIKKA BOMMASANDRA G.K.V.K. POST YELAHANKA NEW TOWN BENGALURU-560 064 5. SRI. K. SRINIVAS S/O LATE R. KRISHNAPPA AGED ABOUT 55 YEARS R/AT OLD No.11, NEW No.11/9 PALACE ROAD NITON COMPOUND VASANTH NAGAR BENGALURU-560 001 …RESPONDENTS (BY SRI. S. VISWESWARAIAH, ADVOCATE FOR C/R1 TO R3; SRI. KRISHNAMURTHY M.R., ADVOCATE FOR R5) THIS RFA IS FILED UNDER ORDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.10.2022 PASSED IN OS No.2743/2015 ON THE FILE OF THE 17TH - 3 - HC-KAR NC: 2025:KHC:20639-DB RFA No. 139 of 2023 ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-16), DECREEING THE SUIT FOR PARTITION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant filed a memo seeking leave of the Court to withdraw the appeal. 2. The memo reads as under:- "The undersigned Appellant herein most respectfully prays that this Honourable Court be pleased to permit him to withdraw the aforesaid Regular First Appeal filed by him in the interest of justice and Equity". 3. The memo is placed on record. - 4 - HC-KAR NC: 2025:KHC:20639-DB RFA No. 139 of 2023 4. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RAK List No.: 1 Sl No.: 46