- 1 - NC: 2025:KHC:10556-DB RFA No. 14 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 14 OF 2016 (SP) BETWEEN: SRI. KRISHNA KUMAR S/O LATE SEETHARAMA SOMAYAGI AGED ABOUT 50 YEARS R/AT. 'AMRITHAVARSHINI' DEREBAIL, MANGALURU-575 006 …APPELLANT (BY SRI. KISHOR B.K., ADVOCATE) AND: 1. SRI. H.R. RAJASHEKAR S/O SRI. RUDRA DEVARU AGED ABOUT 52 YEARS R/AT. NEAR WEST COAST ICE PLANT OPP. SHUBHAGIRI HALL SURATHKAL, MANGALURU TALUK DAKSHINA KANNADA-575 001 2. SRI. ARJUN MORAES S/O LATE V.H. MORAES AGED ABOUT 48 YEARS R/AT. DOOR No.1-13-82 ASHOK BAGH, URVA STORES ASHOKNAGARA POST MANGALURU-575 006 …RESPONDENTS (BY SMT. SUSHMITHA, ADVOCATE FOR R2 - V.C.O. DATED 31.01.2020) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10556-DB RFA No. 14 of 2016 THIS RFA IS FILED UNDER SECTION 96 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.07.2015 PASSED IN O.S.No.35/2008 ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE, MANGALURU, D.K. PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF THE CONTRACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant has filed a memo dated 10.03.2025, seeking leave of the Court to withdraw the petition. 2. Memo is taken on record. 3. In view of the memo, petition is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 19