- 1 - NC: 2025:KHC:8474 RFA No. 284 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 284 OF 2013 (INJ) BETWEEN: SRI ABDUL BASHEER S/O ABDUL WAHID, AGED ABOUT 57 YEARS R/AT NO.24, SLAUGHTER HOUSE "B" STREET, BANGALORE-560051 …APPELLANT (BY SMT. AADHYA, ADV. FOR SRI. M. V. VEDACHALA, ADV.) AND: SRI MOHAMAD GHOUSE S/O MOHMED BURHAN AGED ABOUT 68 YEARS R/AT NO. 20, MAJEED STREET M R PALYAM, BANGALORE-560006 …RESPONDENT (BY SRI. B. RAVINDRANATH., ADV.) THIS RFA IS FILED U/O-41, RULE-1, R/W SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 30.10.2012 PASSED IN O.S.1171/2009 ON THE FILE OF THE XXIV-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, BENGALURU, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:8474 RFA No. 284 of 2013 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT Learned counsel Smt. Aadhya appearing on behalf of Sri. M V Vedachala, learned counsel for appellant and so also Sri. B. Ravindranath, learned counsel for respondent are present. 2. Sri. Abdul Basheer, appellant is also present and has filed memo of withdrawal in which it is stated as under: "That the appellant in the above case humbly submits that the above matter is settled out of the court and the appellant had received Rs.1,50,000/- (Rupees One lakh fifty thousand only) from the respondent and appellant have no objection to receive all the original documents from the court by the respondent and the respondent is the absolute owner of schedule property and since from the purchase of land from his owners that is Kutty and others, he is in peaceful possession and enjoyment of the schedule property. It is further submits that appellant nor his legal heirs don't have any right or interest over the schedule property hence, this memo may be taken on record and this RFA may be - 3 - NC: 2025:KHC:8474 RFA No. 284 of 2013 permitted to withdraw in the interest of justice and equity." 3. Learned counsel for the respondent has no objection to the said memo. Hence, in view of memo, the appellant is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn. Sd/- (G BASAVARAJA) JUDGE SSD List No.: 1 Sl No.: 22