- 1 - HC-KAR NC: 2025:KHC:47549 RSA No. 1624 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR SECOND APPEAL NO. 1624 OF 2019 BETWEEN: SMT SUMAN DILIP KAMATH AGED ABOUT 40 YEARS W/O DILIP K. KAMATH D/O LATE U SADANANDA NAYAK R/AT A WINGH 71, SHANTIVAN, BORIWILLI WEST, MUMBAI 400 092. …APPELLANT (BY SRI. VIJAYA KRISHNA BHAT M, ADVOCATE) AND: 1. SMT SUDHA S NAYAK AGED ABOUT 64 YEARS W/O LATE U SADANANDA NAYAK 2. SRI. U. ADITYA NAYAK AGED ABOUT 39 YEARS S/O LATE U. SADANANDA NAYAK BOTH ARE RESIDING AT ANANDA SUDHA, KARANGALPADY, MANGALURU D.K 575 003. 3. VIJAYA BANK NOW BANK OF BARODA FOUNDERS BRANCH, LIGHT HOUSE HILL ROAD, MANGALURU D.K 575 001. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47549 RSA No. 1624 of 2019 HAVING HEAD OFFICE AT 41/2, M.G. ROAD, BENGALURU 560 001. …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R3, NOITCE TO R1 & R2-HELD SUFFICIENT VIDE ORDER DATED 04.11.2024) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.08.2019 PASSED IN RA.NO.138/1019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.06.2019 PASSED ON I.A.NO.5 IN O.S.NO.626/2019 ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU, ALLOWING THE I.A.NO.5 FILED UNDER ORDER 7 RULE 11 SEC.151 OF CPC, R/W SEC.34 OF SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47549 RSA No. 1624 of 2019 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT Learned counsel for the appellant has filed a memo in the Court seeking permission to withdraw this appeal. The memo reads as under, "The Appellant submits that as she is not intending to prosecute the above appeal any further, seeks leave of the Hon'ble court to withdraw the same. Accordingly, it is prayed that the above appeal may kindly be dismissed as withdrawn, in the ends of justice and equity." Placing reliance on the memo, the appeal is dismissed as withdrawn. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 36