- 1 - HC-KAR NC: 2025:KHC:42159-DB RFA No. 1169 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1169 OF 2024 (PAR) BETWEEN: SRI S NAGENDRA KUMAR S/O. LATE SUBBASHETTY, AGED ABOUT 56 YEARS, RESIDING AT NO.23 (OLD NO.88), 22ND MAIN ROAD, NAGAENDRA BLCOK, BSK 1ST STAGE, BANGALORE-560 050. …APPELLANT (BY SRI. C V SRINIVASA, ADVOCATE) AND: 1. SRI RAMACHANDRA S/O. LATE SUBBASHETTY, AGED ABOUT 65 YEARS, NO. 912, 2ND CROSS, 4TH MAIN, M.C. LAYOUT, NEAR TELEPHONE EXCHANGE, VIJAYANAGAR, BANGALORE-560 040. 2. SMT. RUKMINI W/O. SRI. RAMACHANDRA, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42159-DB RFA No. 1169 of 2024 MAJOR IN AGE, NO. 912, 2ND CROSS, 4TH MAIN, M.C. LAYOUT, NEAR TELEPHONE EXCHANGE, VIJAYANAGAR, BANGALORE-560 040. 3. SMT. PADMAVATHI W/O. LATE JAGADEESH, AGED ABOUT 53 YEARS, NO. 214, 2ND B MAIN, 2ND E CROSS, MUNESHWARA TEMPLE ROAD, GIRINAGAR 1ST PHASE, BANGALORE-560 085. 4. SMT. VIJAYALAKSHMI W/O. PUTTASWAMY. A. T., MAJOR IN AGE, NO. 181, 8TH MAIN ROAD, ANJANEYA TEMPLE ROAD, PRAMODH LAYOUT, NAYANDANAHALLI, BANGALORE-560 039. 5. SRI. RAMESH S/O. LATE SUBBASHETTY, AGED ABOUT 54 YEARS, M/S. R. R. REGENCY, 3RD CROSS, JAVAREGOWDA NAGAR, R.R. NAGAR, BANGALORE-560 098. 6. SRI. SATHISH S/O. LATE SUBBASHETTY, MAJOR IN AGE, - 3 - HC-KAR NC: 2025:KHC:42159-DB RFA No. 1169 of 2024 NO. 1301, 10TH CROSS, 4TH MAIN, 4TH BLOCK, 1ST STAGE, HBR LAYOUT, BANGALORE-560 043. 7. SRI. HARISH ALIAS KRISHNA S/O. LATE SUBBASHETTY, AGED ABOUT 49 YEARS, M/S. H. S. DENTAL CLINIC, NO. 139, 13TH MAIN ROAD, KALAPPA BLOCK, SRINAGAR, BANGALORE-560 050. …RESPONDENTS (R5 & R7 ARE SERVED) THIS RFA IS FILED UNDER SEC.96 CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.03.2024 PASSED IN OS NO.2776/2021 ON THE FILE OF LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 4 - HC-KAR NC: 2025:KHC:42159-DB RFA No. 1169 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ) Learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The appellant has filed the above appeal challenging the judgment and decree dated 18/03/2024 in OS No.2776/2021(CCH-53) which was partly allowed. Meanwhile the trial court Suo moto registered an FDP proceeding against the decree. In those proceedings the parties hereby filed compromise petition and matter between the parties has been settled before the Hon'ble trial Court in FDP No.88/2024. In view of the compromise petition the appellant herein has undertaken to withdraw the above appeal. Hence the above appeal may be withdrawn in terms of the compromise petition filed before Hon'ble Trial court. Hence this memo" - 5 - HC-KAR NC: 2025:KHC:42159-DB RFA No. 1169 of 2024 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 42