- 1 - NC: 2025:KHC:12077-DB RFA No. 1351 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.1351 OF 2019 (PAR) BETWEEN: SMT. JAYAMMA W/O. LATE LINGAPPA AGED ABOUT 80 YEARS RESIDING AT NO.38/1 HOSPITAL ROAD BENGALURU - 560 053. …APPELLANT (BY SRI KRISHNA MURTHY N., ADVOCATE) AND: 1. SRI L. REVENDRA S/O. LATE LINGAPPA AGED ABOUT 60 YEARS 2. SRI L. DAYANAND S/O. LATE LINGAPPA AGED ABOUT 58 YEARS 3. SRI L. VIJAYAKUMAR S/O. LATE LINGAPPA AGED ABOUT 54 YEARS 4. SRI L. SRINIVASA S/O. LATE LINGAPPA AGED ABOUT 52 YEARS 5. SRI L. SHIVAKUMAR S/O. LATE LINGAPPA AGED ABOUT 50 YEARS Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12077-DB RFA No. 1351 of 2019 RESPONDENT NOS.1 TO 5 ARE RESIDING AT NO.115 2ND STAGE, 3RD CROSS, OKALIPURAM BENGALURU - 560 021. 6. SRI K. M. TRADERS PARTNERSHIP CONCERN REPRESENTED BY SRI MAHENDRA & SRI ASHOK NO.51, HOSPITAL ROAD NEAR ABHINAY THEATRE BENGALURU - 560 053. 7. BASAVESHWARA TIFFEN CENTRE NO.54/1, GUJJARAL NILAYA HOSPITAL ROAD BENGALURU - 560 053. 8. SMT. L. THILAKA D/O. LATE LINGAPPA AGED ABOUT 58 YEARS RESIDING AT NO.8, 2ND MAIN MADHURANAGAR, MUDALAPALYA NAGARABHAVI MAIN ROAD BENGALURU - 560 072. 9. SMT. L. PREMAKUMARI W/O. B. K. RAGHUNATH AGED ABOUT 56 YEARS RESIDING AT NO.135 2ND STAGE, HUDCO HOUSE HANUMANTHANAGAR, BANNI MANTAPA MYSURU - 570 015. 10. SMT. L. BHUVANESHWARI D/O. LATE LINGAPPA AGED ABOUT 48 YEARS RESIDING AT NO.62 OLD NO.43, 4TH CROSS MALLESHWARAM BENGALURU - 560 003. …RESPONDENTS (BY SRI PRAKASH H. N., ADVOCATE FOR R-1; R-2, R-5, R-9 ARE SERVED, UNREPRESENTED) - 3 - NC: 2025:KHC:12077-DB RFA No. 1351 of 2019 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 05.04.2019 PASSED IN O.S.NO.8227/2013 ON THE FILE OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION. THIS REGULAR FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree dated 05.04.2019 passed by the learned XXXV Additional City Civil and Sessions Judge (CCH-36), Bengaluru in O.S.No.8227/2013 by urging various grounds. 2. Sri. Krishna Murthy N., learned counsel appearing for the appellant is present before the Court physically and submits that he has filed a memo dated 28.02.2025 seeking permission of this Court to withdraw this appeal. The said memo reads as under: - 4 - NC: 2025:KHC:12077-DB RFA No. 1351 of 2019 "The appellant submits that, due to the intervention of family members, the respondent No.1 to 10 and the appellant have settled the dispute outside court and as per the same the respondent has undertaken not to dispossess the appellant from the schedule property till her last breath and with the said understanding, the appellant does not want to prosecute the said appeal and prays that this Hon'ble court to take this memo on board and permit the appellant to withdraw the above appeal for the ends of justice and equity." 3. The said memo is taken on record. 4. Keeping in view the submission made by learned counsel for the appellant and the memo, it is deemed appropriate that the appellant be permitted to withdraw this appeal as he sought for. 5. Accordingly, the appeal is dismissed as withdrawn. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 3