- 1 - HC-KAR NC: 2025:KHC:46084-DB RFA No. 1076 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1076 OF 2024 (SP) BETWEEN: SRI M E HARUN SON OF LATE EDINABBA, AGED ABOUT 70 YEARS, BEARYS METALIC ENTERPRISES, C-927, 9TH CROSS, PEENYA 1ST STAGE, BENGALURU-560 058. PRESENT ADDRESS IS SRI. M. E. HARUN, SON OF LATE EDINABBA, NO.2/63/2, MADIKERI, KODAGU-571 201. …APPELLANT (BY SRI. CHANDRAIAH., ADVOCATE) AND: 1. SMT. RADHAMMA WIFE OF LATE H. R. SRINIVAS REDDY, AGED ABOUT 79 YEARS, R/AT NO. 13, SRI MANJUNATHA NILAYA, CHIKKABASAVANAPURA VILLAGE, K.R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU-560 029. Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:46084-DB RFA No. 1076 of 2024 SRI. RAJAGOPALA REDDY SON OF H. D. RAMAIAH REDDY, SINCE DEAD BY HIS LRS., 2. SMT. RAMYA, D/O. LATE RAJAGOPALA REDDY, AGED ABOUT 45 YEARS. 3. SRI. RAJESH SON OF LATE RAJAGOPALA REDDY, AGED ABOUT 43 YEARS, BOTH ARE RESIDING AT NO. 507, RAJESH NIVAS, ANNASANDRAPALYA EXTENSION, HAL, BENGALURU-560 017. 4. SRI. H. R. VENKATESH REDDY SON OF H. D. RAMAIAH REDDY, AGED ABOUT 65 YEARS, RESIDING AT YEMMALUR, NEAR YEMMALUR TANK, BENGALURU-560 017. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.04.2022 PASSED IN OS NO.8669/2010 ON THE FILE OF LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-64), BENGALURU CITY., PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT 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 MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:46084-DB RFA No. 1076 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw the appeal. 2. The said memo reads as under: "Hereby respectfully submit that, the appellant in the above case has telephonically informed that, he has no interest to continue the above proceedings, due to changed circumstances and requested to withdraw the above case. Wherefore, it is humbly prayed that the Hob'ble Court may kindly grant leave to withdraw the above case, in the interest of justice and equity." 3. In view of the aforesaid memo, the appeal is dismissed as withdrawn. Consequently, pending interlocutory applications, if any, are disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 45