- 1 - HC-KAR NC: 2025:KHC:30409 RFA No. 2157 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 2157 OF 2022 (POS) BETWEEN: 1. SRI H. SWAMY S/O. LATE HANUMANTHAPPA AGED 68 YEARS, 2. SRI PRASHANTH S., S/O. H. SWAMY AGED 39 YEARS, BOTH ARE R/AT No.84, 4TH CROSS, CKC GARDEN LALBAGH ROAD CROSS, NEXT TO MY SCHOOL BUILDING BANGALORE - 560 027. …APPELLANTS (BY SRI. POONACHA M U., ADVOCATE) AND: 1. SMT. RENU TIWARI D/O. JAI RAM PANDEY W/O. SACHINDRA NATH TIWARI Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30409 RFA No. 2157 of 2022 MAJOR No.41, ANNIPURA 1ST CROSS OPP. DOUBLE ROAD 2ND FLOOR, SUDHAMANAGAR BANGALORE - 27, OFFICE ADDRESS M/S. VASUNDARA RESHMI MAHAL No.84, 4TH CROSS CKC GARDEN LALBAGH ROAD CROSS NEXT TO MY SCHOOL BUILDING BANGALORE - 560 027. …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.06.2022 PASSED IN OS No.966/2018 ON THE FILE OF THE 17 ADDITIONAL CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR POSSESSION AND MESNE PROFITS. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:30409 RFA No. 2157 of 2022 ORAL JUDGMENT In the light of the appearance of learned counsel for the appellants, listing the matter for dismissal would not arise. 2. Learned counsel for the appellants has filed a memo dated 05.08.2025 which reads as under: "The above appeal may please be dismissed as not pressed in view of the fact that the Respondent Tenant has vacated the suit schedule premises and handed over vacant possession of the suit schedule premises. Due to the above reasons the appeal will not survive and the same may be dismissed as not pressed, hence, this Hon'ble Court please order refund of court fee paid in the above appeal in the interest of justice and equity." 3. Memo is taken on record. 4. In view of the above, the present appeal is dismissed as not pressed. 5. In light of withdrawal of the appeal, Registry to refund the Court fee, to the appellant in accordance with law. - 4 - HC-KAR NC: 2025:KHC:30409 RFA No. 2157 of 2022 In view of dismissal of the appeal, pending interlocutory application would not survive and stands accordingly disposed of. Sd/- ____________________ JUSTICE K.S. HEMALEKHA DDU List No.: 1 Sl No.: 58