- 1 - NC: 2025:KHC:227-DB RFA No. 2121 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.2121 OF 2019 (RES) BETWEEN: 1. M/S. SIYARAM ARCADE A. PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT COURT ROAD, PUTTUR - 574 201 REPRESENTED BY ITS PARTNERS: MR. K. MOHAMMED S/O. RAMLAN AGED ABOUT 53 YEARS. MRS. ZAINABI W/O. K. MOHAMMED AGED ABOUT 43 YEARS. 2. K. MOHAMMED S/O. RAMLAN AGED ABOUT 53 YEARS. 3. MRS. ZAINABI W/O. K. MOHAMMED AGED ABOUT 43 YEARS. THE APPELLANTS ARE RESIDENTS OF KURNADKA KEMMINJE VILLAGE, DARBE POST, PUTTUR D. K. DISTRICT - 574 202. …APPELLANTS (BY SRI LETHIF B., ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:227-DB RFA No. 2121 of 2019 AND: 1. KARNATAKA STATE FINANCIAL CORPORATION (KSFC) (ESTABLISHED UNDER THE STATE FINANCIAL CORPORATION ACT, 1951) BRANCH OFFICE AT NO.330/50 III FLOOR, BUNTS HOSTEL ROAD MANGALURU - 575 003 (REPRESENTED BY ITS ASSISTANT GENERAL MANAGER (WITH ITS HEAD OFFICE AT NO.1/1 THIMMAIAH ROAD BENGALURU - 560 002). 2. SRI N. SUKUMAR AGED ABOUT 60 YEARS ADVOCATE, NO.6, I FLOOR CLASSIQUE ARCADE OPPOSITE PRABHAT TALKIES K. S. RAO ROAD MANGALURU - 575 001. …RESPONDENTS * * * THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41, RULE 1 READ WITH SECTION 96 OF THE C.P.C. AGAINST THE JUDGMENT AND DECREE DATED 26.02.2019 PASSED IN O.S. NO.56 OF 2010 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M., AT MANGALURU, D.K. THIS REGULAR FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T - 3 - NC: 2025:KHC:227-DB RFA No. 2121 of 2019 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree dated 26-2-2019 passed by the II Additional Senior Civil Judge and Chief Judicial Magistrate, Mangaluru, Dakshina Kannada, wherein the suit of the plaintiff was dismissed with cost. 2. Learned counsel for the appellants has filed a memo dated 7-1-2025 seeking permission of the Court to withdraw the appeal. 3. Memo is taken on record. 4. Accordingly, the appeal is dismissed as withdrawn. 5. In view of the dismissal of the appeal, interlocutory applications, if any, shall stand dismissed. In view of the withdrawal of the appeal, the fine amount of Rs.10,000/- imposed by this Court on 14-12-2023, if deposited, shall be refunded to the appellant, forthwith. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 9