- 1 - HC-KAR NC: 2025:KHC:47391-DB RFA No. 1434 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1434 OF 2025 (DEC/INJ) BETWEEN: SMT. RUKMINIYAMMA WIFE OF LATE ERANNA AGED ABOUT 76 YEARS, RESIDING AT GULLYANANDI GUNDA, TUBAGERE HOBLI, DODDABALLAPURA TALUK. …APPELLANT (BY SRI. BALAJI C.N., ADV. FOR SRI. PRADEEP C. YADAV, ADVOCATE) AND: 1. SRI. B.R. BYREGOWDA SON OF B.C. RAJANNA AGED ABOUT 46 YEARS, RESIDING AT NO.289, OVER- HEAD WATER TANK ROAD, BETTAHALASUR VILLAGE AND POST, JALA HOBLI, BENGALURU NORTH TALUK. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47391-DB RFA No. 1434 of 2025 2. SRI. ANJINAPPA SON OF LATE MUNIYAPPA, AGED ABOUT 66 YEARS, RESIDING AT MADAPPANAHALLI VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK 3. SRI. MUNIRAJU SONE OF LATE MUNIYAPPA, AGED ABOUT 71 YEARS, RESIDING AT MADAPPANAHALLI VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK …RESPONDENTS (BY SRI. M.A.POOVAIAH, ADV. FOR C/R1) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.04.2025 PASSED IN O.S.NO.1542/2014 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BENGALURU RURAL DISTRICT, BENGALURU, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47391-DB RFA No. 1434 of 2025 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 appellant has filed a memo seeking leave of the Court to withdraw the appeal, which reads as under; "The Appellant has filed the above appeal challenging the Judgment and decree dated 21.04.2025 passed by the VII Additional Senior Civil Judge and JMFC, Bangalore in O.S No.1542/2014. The Appellant is no longer interested in pursuing the present appeal and intends to withdraw the present appeal. In view of the same, this Hon'ble Court may be pleased to dismiss the present appeal as withdrawn, in the interest of justice and equity." 2. Memo is taken on record. 3. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 49