- 1 - NC: 2025:KHC:17106 RFA No. 1894 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO. 1894 OF 2017 (INJ) BETWEEN: 1. V.RAMACHANDRA S/O LATE G.VENKATESH AGED ABOUT 58 YEARS NO.30/2, RESIDENCY ROAD BENGALURU - 560 025. …APPELLANT (BY SRI. HARISH H.V., ADVOCATE) AND: 1. SRI. G.A.GOVINDARAJ S/O LATE G.ARJUNAN AGED ABOUT 70 YEARS 2. SRI. G.A.DEVARAJAN S/O LATE G.ARJUNAN AGED ABOUT 77 YEARS 3. SMT. KOUSALAYA W/O LATE G.N.KANAKARAJAN AGED ABOUT 65 YEARS 4. A. GURUMURTHY S/O LATE G.ARJUNAN AGED ABOUT 60 YEARS 5. SRI. G.N.LAKSHMAN S/O LATE NARAYANSWAMY AGED ABOUT 55 YEARS Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17106 RFA No. 1894 of 2017 6. SRI. G.A.KANNAN S/O LATE G.ARJUNAN AGED ABOUT 75 YEARS RESPONDENT NOs.1 TO 6 ARE R/AT NO.30, RESIDENCY ROAD BENGALURU - 560 025. AND ALSO AT R/AT NO.7, PERAL HOUSE 4TH MAIN, KANAKAPURA ROAD SHAKAMBARINAGAR BENGALURU - 560 082. 7. SRI. S.JAYAPAL S/O LATE SRI.P.SANJIVEE AGED ABOUT 74 YEARS R/AT NO.223/Y, 13TH MAIN 3RD BLOCK, RAJAJINAGAR BENGALURU - 560 010. ALSO R/AT NO.30 RESIDENCY ROAD BENGALURU - 560 025. 8. KHALID AHAMED S/O MOHAMMED GHOUSE AGED ABOUT 38 YEARS NO 5, 5TH MAIN, 5TH CROSS RAHMATHNAGAR, R.T.NAGAR POST BENGALURU - 560 032. 9. SMT. ZAREENA W/O MOHAMMED GHOUSE, AGED ABOUT 63 YEARS R/AT NO.2, 3RD FLOOR 3RD CROSS, ANNAYYAPPA BLOCK BENSON TOWN, BENGALURU - 560 046. 10. SRI. G.N.RAJAGOPAL S/O LATE NARAYANASWAMY AGED ABOUT 80 YEARS - 3 - NC: 2025:KHC:17106 RFA No. 1894 of 2017 R/AT NO.30, RESIDENCY ROAD BENGALURU - 560 025. AND ALSO AT R/AT NO.7 PERAL HOUSE, 4TH MAIN KANAKAPURA ROAD SHAKAMBARINAGAR BENGALURU - 560 082. …RESPONDENTS (BY SRI. BRIJESH PATIL, ADVOCATE FOR R9; SRI. K.B.LOKNATH, ADVOCATE FOR R7; VIDE ORDER DATED 04.03.2021-NOTICE TO R3 TO R6 IS HELD SUFFICIEINT; VIDE ORDER DATED 02.11.2023-APPEAL AGAINST R1, R2 & R10 DISMISSED AS NOT PRESSED; VIDE ORDER DATED 02.11.2023-SERVICE OF NOTICE TO R8 IS DISPENSED WITH) THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.08.2017 PASSED IN OS NO.1534/2012 ON THE FILE OF THE XII ADDL. CITY CIVIL AND SESSIONS JUDGE BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN - 4 - NC: 2025:KHC:17106 RFA No. 1894 of 2017 ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 23.04.2025 seeking withdrawal of the appeal. He further submits that on his own account, he has deposited a sum of Rs.1,20,000/- before the Registry and again a sum of Rs.25,200/- before the Registry and he prays that the same may be permitted to be withdrawn. 2. Learned counsel for respondent Nos.7 and 9 have no objection for the same. 3. Hence, the following: ORDER (i) The appeal is dismissed as withdrawn; (ii) The appellant is permitted to withdraw the amounts deposited before the Registry; (iii) The Registry is directed to refund the said amounts to the appellant after due verification. - 5 - NC: 2025:KHC:17106 RFA No. 1894 of 2017 In view of dismissal of main appeal, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 2 Sl No.: 5