- 1 - NC: 2025:KHC:16651-DB RFA No. 1139 of 2024 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. 1139 OF 2024 (DEC) BETWEEN: 1. SMT R MANJULA D/O LATE RATHNAM @ RATHNAPPA, AGED ABOUT 62 YEARS, R/AT NO. 46, 1ST CROSS, JAYANTHINAGAR EXTENSION, HORAMAVU, BANGALORE - 560 043 2. MISS R SHANTHA D/O LATE RATHNAM @ RATHNAPPA AGED ABOUT 57 YEARS, R/AT NO 439, 3RD CROSS, WILSON GARDEN, BANGALORE - 560 027 3. SMT RADHA K W/O R KRISHNA AGED ABOUT 57 YEARS, 4. SMT REKHA K D/O R KRISHNA AGED ABOUT 40 YEARS, 5. SRI CHANDRASHEKAR K S/O R KRISHNA AGED ABOUT 38 YEARS, 6. SMT SAVITHA D/O R KRISHNA Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16651-DB RFA No. 1139 of 2024 AGED ABOUT 35 YEARS, APPELLANTS NO.3 TO 6 ARE R/AT NO 439, 3RD CROSS, WILSON GARDEN, BANGALORE - 560 027 …APPELLANTS (BY SRI. VISWANATH SABARAD, ADVOCATE) AND: 1. THE I.T.I HOUSE BUILDING CO OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECRETARY, SITUATED AT DOORAVANI NAGAR, BANGALORE - 560 016 HIGH COURT 2. SRI G MANJUNATH S/O LATE GUNDAPPA, AGED ABOUT 40 YEARS, RESIDING BEHIND GANESHA TEMPLE, NAYANDANAHALLI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560 039 HIGH COURT …RESPONDENTS (BY SRI. SHIVASHANKAR K., ADVOCATE AND SRI. AMARANARAYANA SWAMY, ADVOCATE FOR R1 SRI. ANANDA M.T., ADVOCATE FOR R2) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.04.2024 PASSED IN OS NO.5265/2017 ON THE FILE OF XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY., DISMISSING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:16651-DB RFA No. 1139 of 2024 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 01.04.2024 passed by the learned XXIV Additional City Civil and Sessions Judge, Bengaluru (CCH-6) in O.S.No.5265/2017 by urging various grounds. 2. Sri. Vishwanath Sabara, learned counsel appearing for appellants, Sri. Shivashankar K., and Sri. Amaranarayana Swamy, learned counsel for respondent No.1 and Sri. Ananda M. T., learned counsel for respondent No.2 are present before the Court physically. 3. Learned counsel for appellants submits that he has filed a memo dated 21.04.2025 seeking permission of this Court to withdraw this appeal. The said memo reads as under: "The Appellant in the above case submits that they have settled the case out of Court, and as such appellants do not want to continue to prosecute the above appeal. Wherefore it is prayed that this Hon'ble Court be pleased to dismiss the above appeal as withdrawn, and order for refund of court fee in favour of 1st appellant in the interest of justice and equity." - 4 - NC: 2025:KHC:16651-DB RFA No. 1139 of 2024 4. The said memo is taken on record. 5. Keeping in view the submission made by learned counsel for appellants and the memo, it is deemed appropriate that appellants be permitted to withdraw this appeal as sought for. 6. Accordingly, the appeal is dismissed as withdrawn. 7. Keeping in view the submission made by the learned counsel for appellants and the memo, Registry is directed to refund the court fee, if any, to appellant No.1 - Smt.R.Manjula on due identification. 8. 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 List No.: 1 Sl No.: 14