- 1 - NC: 2025:KHC:7569-DB RFA No. 973 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 973 OF 2023 (PAR) BETWEEN: 1. SMT. ANUSUYA W/O LATE VIJAYAKUMAR AGED ABOUT 55 YEARS, 2. SRI. GIRIDHARKUMAR S/O LATE VIJAYKUMAR AGED ABOUT 33 YEARS, BOTH ARE R/A SOMALAPURA VILLAGE, NITTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT – 572 222. …APPELLANTS (BY SRI. V B SIDDARAMAIAH, ADVOCATE) AND: 1. SMT. GEETHA W/O KRISHNAMURTHY D/O S.D CHANDRASHEKARAIAH AGED ABOUT 55 YEARS, R/O VINAYAKA NAGAR, TUMAKURU TALUK AND DISTRICT 2. SMT. CHANDRA PRABHA W/O SHASHIDHAR D/O S.D.CHANDRASHEKARAIAH, AGED ABOUT 50 YEARS, R/A 5TH MAIN, 5TH CROSS, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:7569-DB RFA No. 973 of 2023 CHAMARAJPET, BENGALURU – 560 018. 3. SRI. NAGALAKSHMI W/O H.N.KRISHNAKUMAR D/O S.D.CHANDRASHEKARAIAH AGED ABOUT 45 YEARS, R/A SOMALALPURA, NITTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT – 572 223. 4. SMT. N.ANJANA D/O NARAYANA AGED ABOUT 32 YEARS, R/O STATION ROAD, GUBBI TUMAKURU DISTRICT – 572 223 5. THE SLAO HEMAVATHI CANAL DIVISION, TUMUKURU DISTRICT, KUNIGAL ROAD, BANASHANKARI TUMAKURU – 572 105. …RESPONDENTS (BY SRI. M.B.CHANDRACHOODA, ADVOCATE FOR R3; R5 IS SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W SECTION 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 29.07.2019 PASSED BY THE SENIOR CIVIL JUDGE AT GUBBI IN EX.P.NO.177/2013 & BE PLEASED TO ALLOW THE IA NO.11/2017 FILED BY THE APPELLANTS UNDER ORDER 21 RULE 58 OF CPC, IN THE INTEREST OF JUSTICE AND EQUITY. 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 T.M.NADAF - 3 - NC: 2025:KHC:7569-DB RFA No. 973 of 2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the appellants has filed a memo for withdrawal. He reiterates the prayer for withdrawing the appeal. 2. Memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 10