- 1 - HC-KAR NC: 2025:KHC:46851 RFA No. 2431 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2431 OF 2025 (RES) BETWEEN: AJIT KUMAR S/O LATE DAMODAR DAS AGED ABOUT 75 YEARS, PROP. M/S. SAIBABA INDUSTRIES, SHOP NO.5 AND 6, GROUND FLOOR, PROPERTY NO.5, VITTOBA MARKET, P.S. LANE, CHICKPET, BANGALORE - 53. …APPELLANT (BY SRI. T.C. SATHISHKUMAR, ADVOCATE) AND: 1. SMT. S.S. MUNIRATHNA W/O PRAKASH AND D/O LATE S. SHIVAJI R/AT NO.836/196/63, 3RD MAIN ROAD, 4TH BLOCK, RAJAJINGAR, BANGALORE - 560 010. 2. SMT. K.J. SUMANGALA W/O K.N. JAGADISH AND D/O LATE S. SHIVAJI R/AT NEW NO.1, I FLOOR, 12 A CROSS, 1ST D MAIN ROAD, HAMPINAGAR, BANGALORE - 560 104. 3. SMT. S.S. SATHYALAKSHMI W/O K.S. BADRINATH AND D/O LATE S. SHIVAJI Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46851 RFA No. 2431 of 2025 R/AT NO.18/1, 29TH CROSS, CUBBONPET, BANGALORE - 560 002. 4. SMT. S.S. CHANDANMALA W/O K.A. AMARNATHA AND D/O LATE S. SHIVAJI R/AT NO.59/3, II FLOOR, 1ST MAIN, NAGENDRA GARDEN SRIRAMPURAM, BANGALORE - 560 021. 5. S.S. RAGHAVENDRA S/O LATE S. SHIVAJI, R/AT NO.123, 7TH CROSS, II MAIN ROAD, II STAGE, RMV EXTENSION, DOLLARS COLONY BANGALORE - 560 094. …RESPONDENTS (BY SRI. K.R. LAKSHMINARAYANA RAO, ADVOCATE FOR C/R1 TO R5) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.08.2025 PASSED IN OS.NO.2296/2012 ON THE FILE OF THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, PARTLY DECREEING THE SUIT FOR EJECTMENT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:46851 RFA No. 2431 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission of the Court to withdraw the appeal. The memo so filed reads as under: "MEMO FOR WITHDRAWAL OF ABOVE APPEAL CONSEQUENT OF PENDENCY OF ANOTHER APPEAL The advocate for appellant in the above appeal submits that he has defended the appellant herein in O.S.2296/2012 before the trial court. In that context, the appeal has entrusted the advocate on record to file appeal challenging the judgment passed by the trial court in O.S.2296/2012. But in the mean time, it has come to light that he has also entrusted the said appeal to another Counsel also by name Naveen J. It is learnt that Naveen J. Advocate has filed appeal in RFA 2225/2025 challenging the same judgment earlier to filing the above appeal. Under the circumstances, it is fair on the part of the advocate on record in the above appeal to withdraw RFA No.2431/2025 filed by him on behalf of the appellant herein, to met out justice in the instant appeals. Hence, this memo is filed seeking permission of this Hon'ble court to withdraw the above appeal as not pressed for another appeal RFA 2225/2025 already filed and same is - 4 - HC-KAR NC: 2025:KHC:46851 RFA No. 2431 of 2025 pending before the Hon'ble High court of Karnataka at Bangalore. The signature of the appellant is also affixed to this memo." 2. Memo is accepted. 3. Appellant is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 12 CT:BHK