- 1 - HC-KAR NC: 2026:KHC:23753 RFA No. 978 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 978 OF 2019 BETWEEN: SRI HEMANTRAJ B AGED ABOUT 28 YEARS, S/O SRI RAJASEKHARA B RESIDING AT NO.294, 8TH MAIN, CANARA BANK COLONY, NAGARABHAVI ROAD BANGALORE-560072. …APPELLANT (BY SRI. SHANKARANARAYANA BHAT N., ADVOCATE) AND: M/S GLOBAL E-SOFTSYS PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.327, 1ST FLOOR, "SUMERCE", 15TH CROSS, Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23753 RFA No. 978 of 2019 2ND BLOCK, JAYANAGAR BANGALORE-560011 REPRESENTED BY ITS GPA HOLDER OPERATIONS AND MARKETING MANAGER, SRI C. SRINIVAS MURTHY. …RESPONDENT (BY SRI. RANGARAMU V., ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.02.2019 PASSED IN OS.NO.2818/2013 ON THE FILE OF THE VIII ADDITIOINAL CITY CIVIL AND SESSIONS JUDGE (CCH-15) BENGALURU, DECREEING THE SUIT FOR DAMAGES AND DISMISSING THE COUNTER CLAIM APPELLANT HEREIN. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:23753 RFA No. 978 of 2019 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT Learned counsel for the appellant and respondent are present. 2. This appeal is directed against the judgment and decree for recovery of money dated 02.02.2019, passed by the VIII Additional City Civil Judge, Bengaluru, in O.S.No.2818/2013. 3. Learned counsel appearing for the respondent/plaintiff has filed a memo dated 07.04.2026, which reads as under : " IN THE ABOVE APPEAL, THE SUIT OF THE PLAINTIFF / RESPONDENT IS DECREED THE SUIT IN O.S.NO.2818/2013, IS DECREED ON 02.02.2019 AGAINST THAT JUDGMENT AND DECREE, THE DEFENDANT / APPELLANT HAS FILED THIS APPEAL. THE RESPONDENT HEREIN FILED THE EXECUTION PETITION BEFORE THE TRIAL COURT FOR EXECUTING THE JUDGMENT AND DECREE FOR RECOVERY OF THE DECREETAL AMOUNT IN THE EX.PET.NO.1576/2019. THE SAID DECREE HOLDER / RESPONDENT WILL NOT PROCEED WITH THE EXECUTION CASE, WITH THIS - 4 - HC-KAR NC: 2026:KHC:23753 RFA No. 978 of 2019 OBSERVATION THE APPEAL MAY BE DISPOSED OF IN THE INTEREST OF JUSTICE AND EQUITY." 4. The memo indicates that the respondent/plaintiff will not execute the decree. In substance, it is the indication of the fact that respondent/plaintiff is withdrawing the suit. 5. Learned counsel for the respondent would also agree with the view taken by the Court. 6. In that case, the suit in O.S.No.2818/2013, on the file of VIII Additional City Civil Judge, Bengaluru, is dismissed as withdrawn. The impugned judgment and decree are set aside. 7. Accordingly, the Appeal does not survive for consideration and the same is disposed of. 8. Registry is directed to refund the admissible Court fee. Sd/- (ANANT RAMANATH HEGDE) JUDGE BK : List No.: 1 Sl No.: 53