- 1 - HC-KAR NC: 2025:KHC:36689-DB RFA No. 1706 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1706 OF 2017 (PAR/INJ) BETWEEN: R MOHAN S/O LATE M. RAMAKRISHNAIAH AGED ABOUT 47 YEARS, RESIDING AT NO.727/3 CORPORATION NO.20/3, 2ND MAIN MATTHIKERE, BENGALURU-560 054 …APPELLANT (BY SRI. TAMILVANAN K, ADVOCATE) AND: 1. SMT. M.R. ASHA DEVI AGED ABOUT 44 YEARS, D/O LATE M RAMAKRISHNAIAH W/O SRI. R. VIJAYAKUMAR, R/AT NO.416, 3RD MAIN MATTHIKERE LAYOUT BANGALORE-560 054 2. M. R. PRAKASH AGED ABOUT 52 YEARS, RESIDING AT NO.727/3 CORPORATION NO.20/3, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36689-DB RFA No. 1706 of 2017 2ND MAIN MATTHIKERE, BENGALURU-560 054 3. M R RAMESH S/O LATE M. RAMAKRISHNAIAH, AGED ABOUT 50 YEARS, RESIDING AT NO.727/3 CORPORATION NO.20/3, 2ND MAIN MATTHIKERE, BENGALURU-560 054 …RESPONDENTS (BY SRI. N. THEJESH, ADVOCATE FOR R1, SRI. MOHAMMED SHAMEER, ADVOCATE FOR C/R2. R3 - SERVED - UNREPRESENTED) THIS RFA IS FILED UNDER SEC.96 ORDER XLI RULE 1 OF CPC,1908 AGAINST THE JUDGMENT AND DECREE DATED 21.07.2017 PASSED IN OS NO.10341/2006 ON THE FILE OF THE XXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION, PERMANENT INJUNCTION AND DIRECTION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:36689-DB RFA No. 1706 of 2017 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) A memo has been filed by the learned counsel for the appellant seeking to withdraw the appeal, wherein it stated as follows:- "The Appellants submit that, the dispute involved in the above case between the Appellant and Respondents have been settled out of court. Hence the Appellants may be permitted to withdraw the above case as not press and please to order the office to return the Documents produced by the Appellant in the above case, in the interest of justice and equity." 2. Recording the memo, the appeal is dismissed as withdrawn. 3. The original documents produced by the appellant shall be returned to the appellant on proper identification after replacing the same with certified copies. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 48