- 1 - NC: 2025:KHC:11575 RFA No. 451 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 451 OF 2021 (PAR) BETWEEN: SRI. R. MUDDUVEERAIAH, S/O. LATE RAMAIAH, AGED ABOUT 75 YEARS, R/AT NO.1287, 17TH MAIN, 4TH CROSS, MUNESHWARA BLOCK, BSK 3RD STAGE, BANGALORE-560 026. …APPELLANT (BY SRI. R. A. DEVANAND, ADVOCATE) AND: 1. SMT. SAROJAMMA, W/O SRI R MUDDUVEERAIAH, AGED ABOUT 69 YEARS, R/AT NO.1287, 17TH MAIN, 4TH CROSS, MUNESHWARA BLOCK BSK 3RD STAGE, BANGALORE-560026. 2. SRI. M. VENKATESH, S/O SRI MUDDUVEERAIAH, AGED ABOUT 50 YEARS, RESIDING IN A PORTION OF HOUSE BEARING NO.1290, 17TH MAIN 3RD CROSS, MUNESHWARA BLOCK BANGALORE-560 026. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:11575 RFA No. 451 of 2021 3. SRI. M. SHIVA KUMAR, S/O SRI R. MUDDUVEERAIAH AGED ABOUT 48 YEARS, R/AT NO.83(OLD NO.76), 2ND MAIN, DATTATREYANAGAR HOSAKEREHALLI, BSK 3RD STAGE BANGALORE-560 085. 4. SRI. M. SURESH, S/O. SRI. R. MUDDUVEERAIAH, AGED ABOUT 46 YEARS, R/AT NO.1287, 17TH MAIN 4TH CROSS, MUNESHWARA BLOCK BSK 3RD STAGE, BANGALORE-560 026. 5. SRI. M. MOHAN, S/O. SRI R. MUDDUVEERAIAH, AGED ABOUT 44 YEARS, RESIDING IN HOUSE BEARING NO.1287, 17TH MAIN, 4TH CROSS MUNESHWARA BLOCK, BSK 3RD STAGE BANGALORE-560 026. …RESPONDENTS (V/O. DATED 24.11.2022, SERVICE TO NOTICE TO R1, R3 TO R5 DISPENSED WITH; R2 SERVED BUT UNREPRESENTED) THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.03.2020 PASSED IN OS No.6330/2015 ON THE FILE OF THE XXXV ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-36) DECREEING THE SUIT FOR PARTITION. COUNTER CLAIM FILED BY DEFENDANT NO. 2 IS DECREED. THE APPELLANT IS PREFERRING THE THIS APPEAL IN SO FAR AS, DECREEING THE COUNTER-CLAIM OF THE RESPONDENT No.2 ONLY IN RESPECT OF ITEM Nos.1 TO 3, BY ALLOWING THIS APPEAL IN ENTIRETY. - 3 - NC: 2025:KHC:11575 RFA No. 451 of 2021 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. 2. The said memo reads as under: "By this memo, appellant is not desirous of prosecuting the above appeal as settlement has taken place outside the court. Hence, Memo may be allowed and thus, appellant may be permitted to withdraw the appeal and same may be dismissed as withdrawn to meet, the ends of justice." 3. Appeal is dismissed as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSR List No.: 1 Sl No.: 14