- 1 - HC-KAR NC: 2025:KHC:24910-DB RFA No. 1296 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 1296 OF 2023 (PAR) BETWEEN: SMT. MANJULA D/O LATE SHRI DESU VENUGOPALAIAH AGED ABOUT 60 YEARS R/AT No.302 OM SAI SAPHIRE APARTMENT GOVINDAPPA LANE, KODDIHALLI BENGALURU-560 008 AND ALSO AT: 16-3-18, MAIN BAZAR HINDUPUR-565 201 …APPELLANT (BY SMT. MOHANA KUMARI B.V., ADVOCATE FOR SRI. ABUBACKER SHAFI, ADVOCATE) AND: 1. SHRI. D. REDDY RAGHAVENDRA PRASAD S/O LATE SHRI DESU VENUGOPALAIAH AGED ABOUT 49 YEARS R/AT. No.50, BINNAMANGALA II STAGE CMH ROAD, INDIRANAGAR BENGALURU-560 038 2. SRI. K. SRIDEVI D/O LATE SHRI DESU VENUGOPALAIAH AGED ABOUT 56 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24910-DB RFA No. 1296 of 2023 R/AT. PREM NIVAS, No.11 5TH CROSS, LB SHASTRY NAGAR INDIRANAGAR 2ND STAGE BENGALURU-560 038 3. SMT. D. NAGASUNDARI D/O LATE SHRI DESU VENUGOPALAIAH AGED ABOUT 54 YEARS R/AT No.1033, 15TH CROSS, 11TH MAIN GNANABHARATHI LAYOUT, 1ST BLOCK KENGERI SATELLITE TOWN, II STAGE BENGALURU-560 060 4. SMT. NAGA JYOTHI @ JYOTHI NAMGULURI D/O LATE SHRI DESU VENUGOPALAIAH AGED ABOUT 53 YEARS R/AT No.128, SEVEN HILLS ROAD BAULKHAM HILLS, NSW-2153 AUSTRALIA 5. SMT. NAGARATHNAMMA W/O LATE SHRI DESU VENUGOPALAIAH AGED ABOUT 77 YEARS R/AT No.50, BINNAMANGALA II STAGE CMH ROAD, INDIRANAGAR BENGALURU-560 038 6. MR. SHIVAMANI S/O NOT KNOWN TO THE PLAINTIFF/APPELLANT AGE: MAJOR SREE VENKATESHWARA TYRE CENTRE R/AT No.50/1, GROUND FLOOR BINNAMANGALA II STAGE CMH ROAD, INDIRANAGAR BENGALURU-560 038 7. MR. MANGILAL S/O NOT KNOWN TO THE PLAINTIFF/APPELLANT AGE: MAJOR SREE VENKATESHWARA TYRE CENTRE R/AT No.50/1, 1ST FLOOR - 3 - HC-KAR NC: 2025:KHC:24910-DB RFA No. 1296 of 2023 BINNAMANGALA II STAGE CMH ROAD, INDIRANAGAR BENGALURU-560 038 …RESPONDENTS (BY SRI. ASHOK B. PATIL, ADVOCATE FOR C/R1, R2 & R5; SRI. M.M. SWAMY, ADVOCATE FOR R4; R7 IS SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.04.2023 PASSED IN OS.No.25825/2014 ON THE FILE OF THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BENGALURU (CCH-73) AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 4 - HC-KAR NC: 2025:KHC:24910-DB RFA No. 1296 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant has filed an application to withdraw the appeal. 2. Learned counsel for respondent No.4 opposes the application and submits that if the appeal is withdrawn, her rights would be prejudiced. 3. Learned counsel appearing for the appellant submits that respondent No.4 was the 4th defendant before the Trial Court who had not filed any written statement or led any evidence in the Trial Court. It is submitted that since the appellant seeks to withdraw the instant appeal, the same would not prejudice respondent No.4 in any manner. 4. Having considered the contentions advanced, we are of the opinion that the appeal can be permitted to be withdrawn. However, it is made clear that the withdrawal of the appeal by the appellant will not - 5 - HC-KAR NC: 2025:KHC:24910-DB RFA No. 1296 of 2023 prejudice respondent No.4 in any manner and that respondent No.4 is free to workout her remedies in accordance with law. 5. The contents of the memo are recorded and the appeal is permitted to be withdrawn. Accordingly, the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RAK List No.: 1 Sl No.: 50