- 1 - HC-KAR NC: 2025:KHC:21046 RFA No. 331 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 331 OF 2021 (RES) BETWEEN: SMT. ARASAMMA, W/O LATE S.LAKKAIAH, AGED ABOUT 79 YEARS, R/AT NO.2003, 12TH MAIN, RGI COLONY, 3RD STAGE, RAJAJINAGAR, BENGALURU – 560 021. …APPELLANT (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. S. RAMASWAMY, S/O SRI LATE SUDALAIYANDI, AGED ABOUT 67 YEARS, R/AT NO.E-2, 'E' BLOCK, VIMSA 3RD STAGE, 1ST BLOCK, WEST OF CHORD ROAD, BASAVESHWARA NAGARA, BENGALURU – 560 079. 2. L. LAKSHMAN, S/O LATE LAKKAIAH, R/AT NO.2003, 12TH MAIN ROAD, R G I COLONY, 3RD STAGE, RAJAJINAGAR, BENGALURU – 560 021. …RESPONDENTS Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21046 RFA No. 331 of 2021 THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE ORDER DATED 24.03.2021 PASSED ON I.A. NO. VI IN EX.NO.2921/2019 ON THE FILE OF THE LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, DISMISSING I.A.NO.VI FILED UNDER ORDER 21 RULE 97 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT The learned counsel for the appellant has filed a memo for withdrawal. The averments of the said memo reads as under:- "Undersigned counsel appearing for the Appellant respectfully submits that, as per the instruction of the appellant their dispute was amicably settled between the parties, hence the above appeal does not survive for consideration in the view of the same permit the appellant to withdraw the appeal as not pressed in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:21046 RFA No. 331 of 2021 2. Considering the said averments of the memo, leave is granted to withdraw the appeal. Accordingly, the appeal stands dismissed as withdrawn. 3. In view of disposal of the appeal, I.A.No.1/2021 does not survive for consideration and the same is disposed of accordingly. Sd/- (S RACHAIAH) JUDGE PSJ List No.: 1 Sl No.: 14