- 1 - HC-KAR NC: 2026:KHC:13500 RFA No. 2680 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO.2680 OF 2025 (SP) BETWEEN: M/S. SAI BLOSSOMS DEVELOPERS A PARTNERSHIP FIRM OFFICE AT NO.11, 1ST FLOOR HOSUR MAIN ROAD, MADIWALA BENGALURU-560 068 REPRESENTED BY ITS MANAGING PARTNER SRI. VIJAY SAI S/O. THAMMAIAH NAIDU AGED ABOUT 45 YEARS …APPELLANT (BY SRI SHARATH KUMAR SHETTY, ADVOCATE) AND: 1. SRI V. T. KIRAN KUMAR S/O. DR. VIVEKANANDA AGED ABOUT 53 YEARS R/AT.NO.3, 17TH "A" CROSS OPPOSITE GEO HOTEL SAMPANGIRAMANAGAR BENGALURU-560 027 2. SMT. HEMALATHA J. D/O. LATE S. G. JAYARAM AGED ABOUT 61 YEARS R/AT.NO.14/3, ANDREES ROAD SHANTHINAGARA BENGALURU-560 027 Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13500 RFA No. 2680 of 2025 3. SRI R. K. SUBBA RAO S/O. SHANUBHOG KRISHNA RAO AGED ABOUT 78 YEARS R/AT. RAMPURA VILLAGE BIDARAHALLI HOBLI BENGALURU-560 049 4. SRI JAMEEL PASHA S/O. SYED ANWAR AGED ABOUT 48 YEARS R/AT.NO.10, POST OFFICE ROAD NEW EXTENSION, KADUGODI WHITEFIELD BENGALURU-560 066 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.09.2025 PASSED IN O.S.NO.1174/2006 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT The learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw this appeal, with liberty to file an appeal before the District Court. 2. In view of the memo, this appeal is dismissed as withdrawn. - 3 - HC-KAR NC: 2026:KHC:13500 RFA No. 2680 of 2025 3. Office is directed to return the certified copy of the impugned judgment and decree passed by the Trial Court, to the learned counsel for the appellant after retaining a photocopy. 3. The time consumed in pursuing this appeal shall be deducted while calculating the limitation applicable to an appeal that may be filed by the appellant before the District Court. 4. In view of dismissal of main appeal, pending interlocutory applications if any, do not survive for consideration and the same stands dismissed. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 8