- 1 - HC-KAR NC: 2025:KHC:31193 RFA No. 1529 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1529 OF 2023 (INJ) BETWEEN: RAPARLA LAKSHMI BHARATHI W/O SRI RAPARIA SREEDHAR, AGED ABOUT 48 YEARS, R/AT NO.164, 6TH MAIN ROAD, D BLOCK, DEFENCE COLONY, SAHAKARNAGAR, BANGALORE-560092. …APPELLANT (BY SRI MOHANA C., ADVOCATE) AND: THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-560002. …RESPONDENT (BY SRI MALLIKARJUN REDDY K.S., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 2 OF CPC, AGAINST THE ORDER DATED 17.07.2023 PASSED IN O.S.NO.25917/2023 ON THE FILE OF THE 74TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BANGALORE DISMISSING THE SUIT AS NOT MAINTAINABLE FILED UNDER ORDER VII RULE 11 OF CPC. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31193 RFA No. 1529 of 2023 ORAL JUDGMENT Learned counsel for the appellant files a memo, which reads as under: “It is respectfully submitted that the present appeal was filed by the Appellant against Judgment/order dated 17.07.2023 passed by the LXXIV Additional City Civil Judge, Bangalore (CCH-75) on I.A.No.3 filed by the Defendant/Respondent under Order VII Rule 11 of CPC in O.S.No.25917/2023 and consequently dismissing the suit of the Plaintiff/Appellant as not maintainable. Upon filing of the present Appeal, this Hon’ble Court was pleased to grant an interim order restraining demolition. The Appellant submits that there is no subsisting or imminent threat of demolition in respect of the property in question. In view of the above, the Appellant does not wish to pursue the mater any further and therefore prays that the present appeal may be dismissed as withdrawn.” 2. Memo is taken on record. 3. In view of the memo, the appeal stands dismissed as withdrawn. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 35