- 1 - HC-KAR NC: 2025:KHC:22362-DB RFA No. 292 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 292 OF 2017 (PAR) BETWEEN: 1. MR. RICHARD MASCARENHAS S/O LATE BENEDICT STANY MASCARENHAS SINCE DEAD, REP. BY HIS LR'S 1(a). MRS. JUDITH MASCARENHAS W/O LATE RICHARD MASCARENHAS AGED ABOUT 62 YEARS 1(b). MR. HARREL MASCARENHAS S/O LATE RICHARD MASCARENHAS AGED ABOUT 40 YEARS 1(c). MR. DARYL MASCARENHAS S/O LATE RICHARD MASCARENHAS AGED ABOUT 37 YEARS ALL ARE R/O. "GLORIA" II CROSS, LOWER BENDUR MANGALURU-575 002 …APPELLANTS (BY SRI. VISHWAJITH RAI M., ADVOCATE) AND: 1. MISS. VIOLET MASCARENHAS D/O LATE BENEDICT STANY MASCARENHAS AGED ABOUT 50 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22362-DB RFA No. 292 of 2017 R/O. DOOR No.15-21-1274 II CROSS, LOWER BENDUR MANGALURU-575 002 2. MRS. APOLINE MASCARENHAS W/O LATE BENEDICT STANY MASCARENHAS AGED ABOUT 82 YEARS R/O. DOOR No.15-21-1274 II CROSS, LOWER BENDUR MANGALURU-575 002 3. MR. HAROLD MASCARENHAS S/O LATE BENEDICT STANY MASCARENHAS AGED ABOUT 63 YEARS R/O. DOOR No.15-21-1274 II CROSS, LOWER BENDUR MANGALURU-575 002 4. MRS. JOYCE FERNANDES W/O LATE LAWRENCE FERNANDES D/O LATE BENEDICT STANY MASCARENHAS AGED ABOUT 58 YEARS R/O. "LOY JOY", ALAPE, PADIL MANGALURU-575 005 5. MRS. PRAMILA MONIZ W/O ILF MONIZ D/O LATE BENEDICT STANY MASCARENHAS AGED ABOUT 55 YEARS R/O. STATE BANK OF MYSORE IC COLONY BRANCH, WEST PARK HOLY CROSS ROAD BORIVILI WEST, MUMBAI-400 103 6. MRS. MARGARETH ROSEMARY D'SOUZA W/O WILFRED D'SOUZA D/O LATE BENEDICT STANY MASCARENHAS AGED ABOUT 55 YEARS R/O. C/O PRAMILA MONIZ IC COLONY BRANCH, WEST PRK HOLY CROSS ROAD - 3 - HC-KAR NC: 2025:KHC:22362-DB RFA No. 292 of 2017 BORIVILI WEST MUMBAI-400 103 …RESPONDENTS (BY SRI. CYRIL PRASAD PAIS, ADVOCATE FOR C/R1; R2 TO R6 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SEC. 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.01.2017 PASSED IN OS No.100/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT MANGALURU D.K. DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant filed a memo seeking leave of the Court to withdraw the appeal. 2. The memo reads as under:- "In the above matter, the appellants does not want to press the above appeal. Hence, the above appeal may be dismissed as withdrawn, in the interest of justice and equity". - 4 - HC-KAR NC: 2025:KHC:22362-DB RFA No. 292 of 2017 3. The memo is placed on record. 4. In view of the memo, the appeal is dismissed as withdrawn. 5. The request for return of documents shall be considered by the Registry in accordance with law and the documents shall be returned to appellant No.1(a) on proper identification after replacing the same with the certified copies. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RAK List No.: 1 Sl No.: 55