- 1 - NC: 2025:KHC:1941-DB RFA No. 1685 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1685 OF 2013 (SP) BETWEEN: 1(a). SRI. D.R. KEMPANNA S/O LATE RANGAPPA SINCE DEAD BY HIS LEGAL HEIRS SMT. LAKSHMAMMA S/O LATE D.R. KEMPANNA AGED ABOUT 75 YEARS RESIDING AT FLAT No.2645/B 12TH MAIN, "E" BLOCK, II STAGE RAJAJINAGAR BENGALURU-560 010 1(b). SMT. D.K. VINODA KUMARI D/O LATE D.R. KEMPANNA AGED ABOUT 63 YEARS RESIDING AT S.S.K. NURSERY 3RD PHASE, J.P. NAGAR BENGALURU-560 078 1(c). SMT. D.K. DINAMANI D/O LATE D.R. KEMPANNA AGED ABOUT 60 YEARS 1(d). SMT. D.K. LEELA D/O LATE D.R. KEMPANNA AGED ABOUT 51 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1941-DB RFA No. 1685 of 2013 1(e). SRI. ASHOKA S/O LATE D.R. KEMPANNA AGED ABOUT 52 YEARS 1(f). SRI. HARSHA S/O LATE D.R. KEMPANNA AGED ABOUT 48 YEARS RESPONDENTS No.1(c) TO 1(f) RESIDING AT FLAT No.2645/B 12TH MAIN, "E" BLOCK II STAGE, RAJAJINAGAR BENGALURU-560 010 …APPELLANTS (BY SRI. SIDDAPPA V.D., ADVOCATE FOR SRI. MITHUN G.A., ADVOCATE) AND: SMT.MUNIYAMMA W/O LATE SDIDAPPA SINCE DEAD BY HER LEGAL HEIRS DEFENDANTS 2, 4, 5 AND 6 1. SRI CHINNAPPA REDDY S/O LATE SIDDAPPA AGED ABOUT 80 YEARS 2. SMT. JAYAMMA W/O LATE PAPANNA REDDY AGED ABOUT 50 YEARS 3. SMT. ANJINAPPA REDDY S/O LATE SIDDAPPA AGED ABOUT 60 YEARS 4. SRI. ANNAYYA REDDY S/O LATE SIDDAPPA AGED ABOUT 55 YEARS 5. SRI. SRIRAMA REDDY S/O LATE SIDDAPPA - 3 - NC: 2025:KHC:1941-DB RFA No. 1685 of 2013 AGED ABOUT 57 YEARS 6. SRI. NARAYANA REDDY S/O CHINNAPPA REDDY AGED ABOUT 51 YEARS 7. SRI. NAGARAJA REDDY S/O SRI. CHINNAPPA REDDY AGED ABOUT 46 YEARS 8. SRI. SHEKAR S/O LATE PAPANNA REDDY AGED ABOUT 45 YEARS 9. SRI. RAMESHA S/O LATE PAPANNA REDDY AGED ABOUT 41 YEARS 10. SMT. ANITHA D/O SRI. ANJINAPPA REDDY AGED ABOUT 36 YEARS 11. KUMARI. ASHA D/O SRI. ANJINAPPA REDDY AGED ABOUT 24 YEARS 12. SRI. ASHOK D/O SRI. ANNAYYA REDDY AGED ABOUT 35 YEARS 13. SRI. RAJA D/O SRI. ANNAYYA REDDY AGED ABOUT 29 YEARS 14. KUMARI ARUNA AGED ABOUT 22 YEARS D/O SRI. RAM AREDDY 15. MASTER HARISH KUMAR S/O SREE RAMA REDDY AGED ABOUT 20 YEARS - 4 - NC: 2025:KHC:1941-DB RFA No. 1685 of 2013 16. KUMARI SHEELA D/O SREE RAMA REDDY AGED ABOUT 18 YEARS 17. MASTER SREEDHAR S/O SREERAMA REDDY AGED ABOUT 17 YEARS REPRESENTED BY HIS NATURAL GUARDIAN FATHER SRI RAMA REDDY ALL ARE RESIDENT OF KOTHANUR VILLAGE UTTARAHALLI HOBLI BENGALURU SOUTH TALUK-560 098 …RESPONDENTS (BY SRI. V.B. SHIVAKUMAR, ADVOCATE FOR R1, R3 TO R6 & R8 TO 17) THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.11.2011 PASSED IN O.S. No.8612/2004 ON THE FILE OF THE XXXIX-ADDL. CITY CIVIL JUDGE, BENGALURU, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE AND CONTRACT AND ETC. 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellants seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; - 5 - NC: 2025:KHC:1941-DB RFA No. 1685 of 2013 "The undersigned counsel for the appellants submits that the parties to the appeal have settled the matter amicably and hence it is most humbly prayed that this Hon'ble Court may kindly grant liberty to the appellants to withdraw the captioned appeal as 'not pressed' in the interest of justice and equity." 2. In view of the memo, appeal is dismissed as withdrawn. All pending applications are disposed of. Registry shall refund the admissible Court fee to the appellants on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 23