- 1 - NC: 2024:KHC:11701-DB RFA No. 708 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 708 OF 2019 (PAR) BETWEEN: MAXIM MELVILLE PINTO, S/O FREDRICK PINTO, AGED ABOUT 42 YEARS, R/AT NO.949, 3RD B CROSS, 1ST BLOCK, HRBR LAYOUT, KALYANAGAR, BANASWADI, BENGALURU 560 043. …APPELLANT (BY MS. VIDYA S, ADVOCATE) AND: 1. RICHARD R PINTO, S/O FREDRICK PINTO, AGED ABOUT 44 YEARS, PRESENTLY RESIDING & WORKING AT: P.O BOX 116495, DIP, DUBAI, U.A.E Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:11701-DB RFA No. 708 of 2019 REP. BY HIS GPA HOLDER, AGNES D’SOUZA, W/O LATE AMBROSE PINTO, AGED ABOUT 63 YEARS, R/AT YEYYADI, BARABAIL, MANGALORE-575 005. 2. FRANCIS D PINTO, S/O FREDRICK D PINTO, AGED ABOUT 45 YEARS, R/AT NO.942, 3RD B CROSS, 1ST BLOCK, HRBR LAYOUT, KALYANNAGAR, BANASWADI BENGALURU-560 043. …RESPONDENTS (BY SRI CYRIL PRASAD PAIS, ADVOCATE FOR R1; SRI VASANTH V FERNANDES, ADVOCATE FOR R2) THIS RFA IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.01.2019 PASSED IN OS.NO.25938/2012 ON THE FILE OF THE LXXII ADDL.CITY CIVIL AND SESSIONS JUDGE, (CCH-73), BENGALURU PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, S.G.PANDIT J., DELIVERED THE FOLLOWING: - 3 - NC: 2024:KHC:11701-DB RFA No. 708 of 2019 JUDGMENT Learned counsel for the appellant files a memo dated 21.03.2024, which reads as follows: “The undersigned advocate for the Appellant submits that the party herein is seeking to withdraw this Appeal as not pressed as the parties have settled out of Court. The Memo may be taken on record in the interest of justice and equity.” In terms of the memo, the appeal stands dismissed as not pressed. Sd/- JUDGE Sd/- JUDGE MPK CT:BR List No.: 1 Sl No.: 17