- 1 - HC-KAR NC: 2025:KHC:29599 RFA No. 1313 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 1313 OF 2023 (RES) BETWEEN: SMT B.N. CHARITRA D/O SRI B N NATARAJA AGED ABOUT 27 YEARS R/A NO.389, JYOTHIBA HEALTH AND FAMILY WELFARE DEPARTMENT, EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LAYOUT, 6TH "B" CROSS, 4TH MAIN, SRIGANDHADA KAVAL, BENGALURU - 560 091 …APPELLANT (BY SRI. ASHWIN NARAYANAN, ADV. FOR SRI. PRATEEK CHANDRAMOULI, ADV.) AND: SRI. R. R HOOLI S/O LATE R S HOOLI, AGED ABOUT 70 YEARS, MAHADESHWARA NILAYA, NO.73 'E', 5TH MAIN ROAD, VIJAYANAGARA BENGALURU - 560 040 …RESPONDENT (BY SRI. RAVISHANKAR PATIL, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.04.2023 PASSED IN OS NO.5726/2021 ON THE FILE OF THE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE,DECREEING THE SUIT FOR DAMAGES. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29599 RFA No. 1313 of 2023 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel Sri.Ashwin Narayanan for Sri.Prateek Chandramouli, learned counsel appearing for the appellant submits that the parties have amicably settled the dispute and the appellant does not intend to prosecute the appeal and files a memo for withdrawal. Memo reads as under: " MEMO FOR WITHDRAWAL The counsel for the appellant most humbly submits that the matter has been settled by the parties in FDP No.109/2023 wherein the Appellant has paid arrears of rent as agreed and the Appellant has handed over vacant possession of the schedule property to the Respondent. A copy of the order in FDP No.109/2023 is produced along with this memo. Accordingly, the instant appeal may be kindly dismissed as withdrawn as it has become infructuous." 2. In view of the submission and the memo filed, the appeal is dismissed as withdrawn. Sd/- _______________________ JUSTICE K.S. HEMALEKHA KG