- 1 - HC-KAR NC: 2025:KHC:36761 RFA No. 2129 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.2129 OF 2023 (PAR) BETWEEN: SMT. PADMAVATHI AGED ABOUT 44 YEARS, W/O LATE SADANADH, R/AT NO.231, MUTHANALLUR CROSS-560099, SARJAPUR HOBLI, ANEKAL TALUK. …APPELLANT (BY SRI CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SRI MADHAVACHAR S/O LATE VARDHACHAR, AGED ABOUT 56 YEARS, NAGASANDHRA BEHIND, YESHWANTHPURA HOBLI-560090, BENGALURU. 2. SRI ANANTHA PANDMANABACHAR, AGED ABOUT 51 YEARS, S/O LATE VARDHACHAR, POST–BOGANAHALLI CARMALRAM-560037, VARTHUR HOBLI, EAST TALUK, BENGALURU. 3. SMT. DHANALAKSHMI AGED ABOUT 79 YEARS, W/O GAJENDRA RAO, 4. SMT. LAKSHMIDEVAMMA (LAKSHAMMA) AGED ABOUT 61 YEARS, W/O LATE MALAPPA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36761 RFA No. 2129 of 2023 5. SRI KRISHNAMURTHY AGED ABOUT 56 YEARS, S/O LATE V. HANUMANTHARAYAPPA @ HANUMANTHAPPA, 6. SRI EREGOWDA AGED ABOUT 53 YEARS, S/O LATE V. HANUMANTHARAYAPPA @ HANUMANTHAPPA, 7. SRI HANUMEGOWDA, AGED ABOUT 51 YEARS, S/O LATE V. HANUMANTHARAYAPPA @ HANUMANTHAPPA, 8. SRI E.N. MANJUNATH AGED ABOUT 36 YEARS, S/O ESHWARAPPA, 9. SRI ESHWARAPPA AGED ABOUT 66 YEARS, S/O EKARTHAYA, NO.3 TO 9 ARE RESIDING AT SY. NO.49, NAGASANDHRA VILLAGE-560073, YESHWANTHPURA HOBLI, BENGALURU. …RESPONDENTS (BY SRI VIJAYAKUMAR S., ADVOCATE FOR C/R-1) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.08.2023 PASSED IN O.S.NO.26965/2012 ON THE FILE OF THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU, DISMISSING THE SUIT FOR PARTITION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:36761 RFA No. 2129 of 2023 ORAL JUDGMENT The appellant, who is personally present before the Court, submits that she does not desire to prosecute the appeal any further. She has filed an affidavit to that effect, which reads as under: “1. That I am the Appellant in the above Regular First Appeal, and I am fully conversant with the facts of the case; hence I am competent to swear to this affidavit. 2. The above Regular First Appeal was filed challenging the Judgment dated: 23.8.2023, on the file of the CCH-73, Mayohall, Bangalore. 3. I, the appellant, for personal reasons and for the settlement, do not wish to proceed with the above appeal any further and desire to withdraw the same. 4. That I am, therefore, desirous of withdrawing the above appeal and request that this Hon'ble Court may be pleased to dismiss the appeal as withdrawn. - 4 - HC-KAR NC: 2025:KHC:36761 RFA No. 2129 of 2023 5. That the statements made herein are true and correct to the best of my knowledge, belief, and information and this is my name and signature.” 2. Affidavit is taken on record. 3. In view of the affidavit and her submission made before this Court, the appeal is dismissed as withdrawn. Pending I.A.s if any, does not survive for consideration. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 54