- 1 - HC-KAR NC: 2025:KHC:29596 RFA No. 747 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 747 OF 2023 (EJE) BETWEEN: SMT. PADMAVATHI W/O K. KRISHNAPPA, AGED ABOUT 64 YEARS, PROPRIETOR OF SRI BALAJI ENTERPRISES, AT SHOP NO.3, BUILDING NO. 764, NEW NO. 13/A, GROUND FLOOR, NEW THIPPASANDRA MAIN ROAD, BENGALURU - 560075. …APPELLANT (BY SRI. AJIT P.B., ADVOCATE) AND: 1. SMT. BHAGYA W/O LATE NAGARAJA REDDY, AGED ABOUT 67 YEARS, AT NO. 97, 6TH CROSS, N.R. COLONY, MURUGESHPALYA, BENGALURU - 560017. 2. MR. N. VENKATESH @ N. VENKATESH REDDY S/O LATE NAGARAJA REDDY, AGED ABOUT 50 YEARS AT NO. 97, 6TH CROSS, N.R.COLONY, MURUGESHPALYA, BANGALURU - 560017. 3. MR. CHAITANYA, S/O N. VENKATESH, AGED ABOUT 26 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29596 RFA No. 747 of 2023 AT. NO.97, 6TH CROSS, N.R.COLONY, MURUGESHPALYA, BENGALURU - 560017. …RESPONDENTS (BY SRI. MADHAV B. KASHYAP, ADVOCATE FOR R1 TO R3) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 31.01.2023 PASSED IN OS NO.4706/2017 ON THE FILE OF THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, DECREEING THE SUIT FOR EJECTMENT. THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellant submits that the appellant does not intend to prosecute the appeal and files a memo to that effect. 2. Memo reads as under : “The undersigned counsel for the Appellant herein respectfully submits that the Appellant has delivered the possession of the suit schedule property to the Respondents. For the said reason, we respectfully pray that this Hon’ble Court may be pleased to permit the Appellant to withdraw the above case and the office may be directed to refund the court fee - 3 - HC-KAR NC: 2025:KHC:29596 RFA No. 747 of 2023 of Rs.5550/- to the Appellant to serve the interest of justice and equity.” In view of the submission and memo filed, the appeal is dismissed as withdrawn. Registry to refund the court fee to the appellant in accordance with law. Sd/- JUSTICE K.S. HEMALEKHA CKL List No.: 2 Sl No.: 25