- 1 - NC: 2025:KHC:1013 RFA No. 1477 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1477 OF 2022 (DEC/INJ) BETWEEN: SMT. SHIVALINGAMMA W/O SRI.KEMPE GOWDA, AGED ABOUT 64 YEARS, R/AT NO.18, FIRST MAIN ROAD, DHARMANNA GARDEN, CHOLANAYAKANA HALLI, R.T.NAGAR, BENGALURU - 560 032. …APPELLANT (BY SRI. BYREGOWDA., ADVOCATE FOR SRI. SUPREETH.S., ADVOCATE) AND: 1. MANAGING DIRECTOR, ING VYSYA BANK, NO.22, M.G.ROAD, BENGALURU - 560 001. 2. SRI KIRAN KUMAR NO. 898, 8TH CROSS, ALANKAR BUILDING, MUNESHWARA NAGARA, ULLAL MAIN ROAD, BENGALURU - 560 056. 3. SRI CHIKKALINGAIAH S/O SRI SHIVALINGAIAH @ SURESH, AGED ABOUT 41 YEARS, R/AT NO.192, NEW COLONY, RPC LAYOUT, BENGALURU - 560 040. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1013 RFA No. 1477 of 2022 4. SRI M.MUNIVENKATAPPA S/O LATE MUNISWAMAPPA, AGED ABOUT 57 YEARS, R/AT NO.13/3, 6TH CROSS, MARIYAPPANA PALYA, KEMPA PURA AGRAHARA, MAGADI ROAD, BENGALURU - 560 023. 5. SHIVALINGAIAH S/O CHENNE GOWDA, AGED ABOUT 52 YEARS, R/AT NO.16, 2ND CROSS, 5TH MAIN, REHAMATH NAGAR, BENGALURU - 560 032. …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Byregowda., counsel on behalf of Sri.Supreeth.S., for the appellant has appeared in person. Counsel submits that a memo has been filed stating that the appeal may be dismissed as withdrawn. Counsel therefore, submits that the memo may be placed on record and the appeal may be dismissed as withdrawn. When queried, counsel Sri.Byregowda., submits that a conscious decision is taken by the advocate on record and the - 3 - NC: 2025:KHC:1013 RFA No. 1477 of 2022 appellant to withdraw the appeal and if an order is passed, they shall not seek for recalling the same or file review petition. The oral submission made by counsel for the appellant and the memo is placed on record. The Regular First Appeal is dismissed as withdrawn. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 36