- 1 - NC: 2025:KHC:14697-DB RFA No. 2546 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 2546 OF 2023 (PAR) BETWEEN: SMT V H SUPRIYA D/O VENKATESH AGED ABOUT 39 YEARS OCC: HOUSE WIFE R/AT NO.2, 6TH CROSS SHIVANANDANAGAR MOODALAPALYA NAGARABHAVI MAIN ROAD BANGALORE-560072. CURRENTLY R/AT NO.6, 4TH MAIN ROAD NEAR GKW LAYOUT, VINAYAKA LAYOUT 2ND STAGE, VIJAYANAGAR BANGALORE-560040. …APPELLANT (BY SRI. PRATHITH H S – ADVOCATE FOR SRI. CHETAN JADHAV - ADVOCATE) AND: 1. SMT. REKHA D/O VENKATESH AGED ABOUT 38 YEARS OCC AGRICULTURE 2. SRI JAYARAM S/O VENKATESH AGED ABOUT 36 YEARS OCC: AGRICULTURE 3. KUM. BHAVYA D/O VENKATESH Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14697-DB RFA No. 2546 of 2023 AGED ABOUT 34 YEARS OCC AGRICULTURE 4. SMT KEMPAMMA @ K SAROJAMMA W/O MAREGOWDA AGED ABOUT 65 YEARS OCC AGRICULTURE R/AT NO.24, 5TH MAIN ROAD GADI MUDDANNA ROAD KAMAKSHIPALYA BANGALORE-560079. 5. SRI VENKATESH S/O THIMMARASAIAH AGED ABOUT 8 YEARS OCC: AGRICULTURE RESPONDENTS NO.1 TO 3 & 5 R/O ARTHIPALYA RAVUTHANAHALLI DHAKLE DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE. …RESPONDENTS (RESPONDENTS NO.1,2 AND 4 ARE SERVED AND UNREPRESENTED) THIS RFA FILED UNDER SECTION 96 OF CPC., PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE ORDER DATED 06.10.2023 PASSED IN O. S. NO.759/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA, THEREBY DECLARING THE SUIT FILED BY PLAINTIFFS ENTITLING THEM TO 1/4TH SHARE EACH IN THE SUIT SCHEDULE PROPERTY AND CONSEQUENTLY DISPOSE THE SUIT. THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T - 3 - NC: 2025:KHC:14697-DB RFA No. 2546 of 2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree rendered by the Court below in O.S.No.759/2014 dated 06.10.2023. Learned counsel Sri Prathith H.S. appearing on behalf of Sri Chetan Jadhav for the appellant is present before the Court physically. He files a memo seeking to withdraw the appeal as not pressed for the reason that the regular appeal before the first Appellate Court has reached conclusion and the present appeal has become infructuous. The memo is taken on record. The appeal is dismissed as having become infructuous. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB