- 1 - NC: 2025:KHC:16652-DB RFA No. 942 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 942 OF 2025 (MON) BETWEEN: 1. AADVANCED GENECARE, OFFICE AT NO.2948 2ND FLOOR MKK ROAD D BLOCK, RAJAJINAGAR II STAGE, BENGALURU - 560 010. ALSO AT AADVANCED GENECARE, NO.11, SF NO.709/1B, KASTURINAGAR NAGAR, A VINSAHI ROAD, THOTIPALAYAMPITIVU, COIMBATORE-641062 …APPELLANT (BY MS. VAISHNAVI S., ADVOCATE AND SRI. ASHWIN KUMAR H., ADVOCATE) AND: 1. J DINESH KUMARAN S/O JAWAHARLAL MK 14/2 SAKTHI COMPLEX, A.S.A. AYAAMAL NAGAR BEHIND TALUK OFFICE VIRUDHUNAGAR, TAMIL NADU 626 001. ALSO AT, NO.142, SITUATED AT 19TH MAIN ROAD, Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16652-DB RFA No. 942 of 2025 NEAR ANANYA HOSPITAL, 1 ST N BLOCK, RAJAJINAGAR, BENGALURU - 560 010 2. UDHAYA KUMAR.B S/O BALAKRISHNAN. K R/AT 2/718-1 V.O.C.NAGAR, SULAKARALMEDU, VIRUDHUNAGAR TAMIL NADU - 626 003. ALSO, AT NO.142 SITUATED AT 19TH MAIN ROAD, NEAR ANANYA HOSPITAL 1ST N BLOCK, RAJAJINAGAR, BENGALURU - 560 010 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 10.12.2024 PASSED ON PRELIMINARY ISSUE IN OS.NO.2705/2023 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CITY, DISMISSING THE SUIT AS NOT MAINTAINABLE FOR WANT OF TERRITORIAL JURISDICTION. THIS APPEAL, 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 - 3 - NC: 2025:KHC:16652-DB RFA No. 942 of 2025 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree dated 10.12.2024 passed by the learned XXXIX Additional City Civil and Sessions Judge, Bengaluru City (CCH-40) in O.S.No.2705/2023 by urging various grounds. 2. Sri. Ashwin Kumar H., learned counsel appearing for the appellant is present before the Court physically and submits that he has filed a memo dated 22.04.2025 seeking permission of this Court to withdraw this appeal with liberty to file necessary petition in accordance with law. The said memo reads as under: "The Appellant humbly submits that the appellant has filed the instant appeal under Section 96 of the Code of Civil Procedure, 1908. The appellant prays that this Hon'ble Court be pleased to allow the appellant to withdraw the instant appeal with liberty to file necessary petition in accordance with law." 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 - 4 - NC: 2025:KHC:16652-DB RFA No. 942 of 2025 appropriate that the appellant be permitted to withdraw this appeal with liberty as sought for. 5. Accordingly, the appeal is dismissed as withdrawn. 6. Consequent upon disposal of this appeal, pending I.A's if any, are also disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM CT-SG List No.: 1 Sl No.: 19