- 1 - HC-KAR NC: 2026:KHC:26280 RFA No. 2923 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 2923 OF 2025 (INJ-) BETWEEN: 1. SRI. B. A. BHAKTHAVATSALA AGED ABOUT 63 YEARS S/O VIMALAMMA V RESIDING AT FLAT NO. 102 KHATHA NO. 34/1 BALAJI ENCLAVE-3 MLA LAYOUT, RMV 2ND STAGE SANJAYNAGAR 4TH BLOCK BANGALORE – 560 094. …APPELLANT (BY SRI. SANDEEP KATTI, ADVOCATE) AND: 1. SMT. R. BHUVANESHWARI AGED ABOUT 46 YEARS W/O K JAI SHANKAR 2. SRI. K JAI SHANKAR AGED ABOUT 48 YEARS S/O D KRISHNAMURHTY BOTH ARE RESIDING AT NO. 139 Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26280 RFA No. 2923 of 2025 6TH CROSS, 7TH MAIN ROAD DOLLARS COLONY NEAR PUNJAB NATIONAL BANK MSR NAGAR, BENGALURU NORTH TALUK BENGALURU – 560 094. 3. M/S INDO STAR CAPITAL FINANCE LIMITED HAVING ITS BRANCH OFFICE AT NO.13, CRN CHAMBERS 4TH FLOOR KASTURBA ROAD BENGALURU – 560 001. REPRESENTED BY ITS AUTHORISED OFFICER MR.SUDEEP 4. M/S ASSET RECONSTRUCTIONS COMPANY (INDIA) LIMITED (ARCL) HEAD OFFICE AT 10TH FLOOR, THE RUBY SENAPATI BAPAT MARG DADAR (WEST) MUMBAI MAHARASHTRA – 400 028. REPRESENTED BY ITS MANAGER …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE ORDER DATED 01.02.2025 IN OS NO.25106/2022 PASSED BY XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU ON AN APPLICATION FILED BY THE RESPONDENT NO.4 UNDER ORDER 7 RULE 11(a) AND (d) READ WITH SECTION 15 OF CODE OF CIVIL PROCEDURE (I.A.NO.3/2022) PRODUCED AT ANNEXURE- A AND ETC., - 3 - HC-KAR NC: 2026:KHC:26280 RFA No. 2923 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 27