- 1 - NC: 2025:KHC:1406-DB RFA No. 469 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 469 OF 2023 (MON) BETWEEN: MR.THOMAS M KOLETH, S/O DR. C.T. MATHEWS, AGED ABOUT 69 YEARS, RESIDING AT NO.01, PRESTIGE WINSTON APARTMENT, 52, MSO COLONY, MARUTHI SEVANAGAR, BENGALURU–560 033. ALSO AT: NO.3/7, CLEVELAND ROAD, BENGALURU-560 005. …APPELLANT (BY SRI. VEERESH.R.BUDIHAL ADVOCATE) AND: 1. MR.B.CHANDRASHEKAR REDDY S/O B.NARAYANA REDDY, AGED ABOUT 70 YEARS, R/AT H.NO.4-190-1, SILPA SINGAPORE TOWNSHIP, VIA GPR-ENGINEERING COLLEGE, KURNOOL-518 001. 2. MR.N.VEERABHADRA REDDY, S/O NAGIREDDY, AGED ABOUT 45 YEARS, Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1406-DB RFA No. 469 of 2023 R/AT H.NO. 79/29, KRISHNANAGAR, KURNOOL-518 001. 3. MR.N.RAMAMOHAN REDDY, S/O N.RAMACHANDRA REDDY, AGED ABOUT 72 YEARS, R/AT H.NO.4-190-1, SILPA SINGAPORE TOWNSHIP, VIA GPR-ENGINEERING COLLEGE, KURNOOL-518 001. 4. MR. B.HIMAWANTHA REDDY, S/O B.KRISHNA REDDY, AGED ABOUT 43 YEARS, R/AT H.NO. 87/734-B, OLD/RTO OFFICE BACKSIDE, MADHAVA REDDY NAGAR, KURNOOL-518 001. 5. MR. K.R. BALASUBRAMANYAN, S/O LATE K.RAMASWAMY SETTY, AGED ABOUT 68 YEARS, CHAIRMAN AND MANAGING DIRECTOR, M/S GIRIJARAMANA MINES MINERALS AND METALS PVT. LTD., R/AT TF-1, 3RD FLOOR, NASCO SUN RAYS APARTMENTS, HAINES ROAD, OPP. COALS PARK, FRAZER TOWN, BENGALURU-560 005. ALSO AT: R/AT NO.10, 1ST MAIN, VYALIKAVAL, BENGALURU-560 003. …RESPONDENTS (BY SRI. BASAVARAJU.P, ADVOCATE FOR R1 TO R4 SMT.SUNITHA H.S, ADVOCATE FOR R5) - 3 - NC: 2025:KHC:1406-DB RFA No. 469 of 2023 THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 15.11.2014 PASSED IN OS.NO.4191/2013 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR RECOVERY OF MONEY AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. 2. It is stated by the counsel that, Misc.No.78/2020 has been filed before the Court concern i.e., XXXI Additional City Civil and Sessions Judge (CCH-14), Bangalore. 3. It is also stated by the learned counsel for the appellant that the respondent Nos. 1 to 4 herein have filed execution petition which is pending consideration before the same Court. - 4 - NC: 2025:KHC:1406-DB RFA No. 469 of 2023 4. It is agreed by the learned counsel for the parties that, they shall argue the application filed under Order IX Rule 13 of CPC being Misc. No.78/2020, and subject to the outcome of the said application, the execution petition shall be pressed. 5. At this stage learned counsel for the respondent Nos. 1 to 4 states that since the appellant is seeking withdrawal of the appeal, respondent Nos.1 to 4 shall also file an application seeking withdrawal of the amount already deposited by the appellant before the executing court. 5. Noting the contents of the memo for withdrawal, and the submissions made, the appeal is dismissed as withdrawn. 6. In view of the withdrawal of the main appeal, pending I.A.Nos.1/2023, 2/2023 and 1/2024 have become infructuous. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (S RACHAIAH) JUDGE SMC/List No.: 1 Sl No.: 25