- 1 - HC-KAR NC: 2025:KHC:33487-DB RFA No. 335 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 335 OF 2020 (SP) BETWEEN: 1 . SMT. LALITHA DAYANAND SINCE DEAD BY HER LRS 1(a). SRI. B.V. DAYANAND S/O LATE B.P. VENKATASWAMY AGED ABOUT 68 YEARS 1(b). SMT. RASHMI DAYANAND W/O SRI. PRATHAP D/O SRI. DAYANAND AGED ABOUT 42 YEARS 1(c). SMT. BABITHA DAYANAND W/O SRI. ROSHAN D/O SRI. DAYANAND AGED ABOUT 39 YEARS 1(d). SMT. SHRUTHI DAYANAND W/O SRI. SHARATH D/O SRI. DAYANAND AGED ABOUT 36 YEARS 1(e). SRI. BHARATH DAYANAND S/O SRI. DAYANAND AGED ABOUT 32 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33487-DB RFA No. 335 of 2020 ALL ARE RESIDING AT: RESIDING No.465, 36TH CROSS 19TH MAIN, 4TH T BLOCK, JAYANAGARA BENGALURU-560 041 …APPELLANTS (BY SRI. SHIVAKUMAR V., ADVOCATE FOR A1(a-e)) AND: SMT. B.J. SUMA W/O M. CHANDRASHEKAR AGED ABOUT 53 YEARS RESIDING AT No.38/1 SANIDHI ROAD BASAVANAGUDI ROAD BENGALURU-560 004 PRESENTLY R/AT: No.456/13, 12TH MAIN, MAGADI CHORD ROAD EXTENSION, VIJAYANAGARA BENGALURU - 560 040 …RESPONDENT (BY SRI. R.B. SADASIVAPPA, ADVOCATE) THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W. SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.10.2019 PASSED IN OS No.7743/2009 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, - 3 - HC-KAR NC: 2025:KHC:33487-DB RFA No. 335 of 2020 BENGALURU (CCH-16) DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE. THIS RFA, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing for the appellants that parties have resolved their differences and that the appeal may be dismissed as withdrawn. A memo to that effect is also filed. 2. Recording the memo filed by the appellants now impleaded, the appeal is dismissed as withdrawn. Court fee shall be refunded as applicable. The original documents produced by the appellants shall be returned to the respondent on proper - 4 - HC-KAR NC: 2025:KHC:33487-DB RFA No. 335 of 2020 identification and on production of certified copies of the same. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 26