- 1 - HC-KAR NC: 2025:KHC:47775 RFA No. 297 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 297 OF 2010 (INJ) BETWEEN: SRI. M. RAMDAS S/O LATE NANAJAPPA AGED ABOUT 63 YEARS, RESIDING AT NO.18/19, ASWATHAKATTE MAIN ROAD, KASTURBA NAGAR, BANGALORE -560026. …APPELLANT (BY SRI. KRISHNA MURTHY T.R., ADVOCATE) AND: 1. SRI. SUGAND CHAND S/O HIRACHAND AGED ABOUT 77 YEARS, 'BADAMI NILAYA', NO.52, 6TH CROSS, 5TH MAIN CHAMARAJPET, BENGALURU-560 018 2. SRI. SOMASHEKAR S/O LATE HUTCHAPPA AGED ABOUT 40 YEARS, NO.5, 11TH MAIN ROAD, KASTRUBA NAGAR, MYSORE ROAD, BANGALORE-560 026 …RESPONDENTS (BY SRI. B.M.ARUN, ADVOCATE FOR SRI. M.S.RAJENDRA, ADVOCATE FOR RESPONDENT NO.2; VIDE ORDER DATED 03.02.2015, NOTICE TO RESPONDENT NO.1 IS HELD SUFFICIENT Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47775 RFA No. 297 of 2010 VIDE ORDER DATED 19.11.2025, APPEAL AS AGAINST RESPONDENT NO.2 HAS ABATED) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.09.2009 PASSED IN O.S.NO.2169/1998 ON THE FILE OF THE VIII ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT A memo is filed by the learned counsel for the appellant seeking permission of this Court to withdraw the appeal with liberty to the appellant to take appropriate legal recourse against the legal heirs of the respondent No.2 with respect to the suit schedule property. In view of the memo, the appeal is dismissed as withdrawn. It is needless to mention that if the appellant has any cause of action against the respondent No.1 and the legal - 3 - HC-KAR NC: 2025:KHC:47775 RFA No. 297 of 2010 heirs of deceased respondent No.2, the appellant is at liberty to file a fresh suit. Sd/- (R. NATARAJ) JUDGE SMA List No.: 2 Sl No.: 2