HC-KAR NC: 2026:KHC:16044-DB RFA No. 2753 of 2025 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 2753 OF 2025 (MON) BETWEEN: 1. M/S. GURU NIKHARA FINANCE CORPORATION (R) REPRESENTED BY ITS AUTHORISED SIGNATORY SRI. KODANDARAM.P S/O S.A.PILLAIAH AGED ABOUT 65 YEARS NO.27, 10TH MAIN, SRINAGAR BANASHANKARI 1ST STAGE BENGALUREU-560 050 2. SMT. B. BHARATHI W/O KODANDARAM.P AGED ABOUT 60 YEARS NO.27, 10TH MAIN, SRINAGAR BANASHANKARI 1ST STAGE BENGALURU-560 050 …APPELLANTS (BY SRI. SHESHADRI H. S., ADVOCATE) Digitally signed by RAKSHA Location: High Court of Karnataka HC-KAR NC: 2026:KHC:16044-DB RFA No. 2753 of 2025 2 AND: SRI. RAMAMURTHY G. S/O R. GOPALAN AGED ABOUT 54 YEARS R/AT NO.2102, NANDI DEEPA APARTMENT, OFF BANNERGHATTA ROAD, KAMANAHALLI BENGALURU SOUTH- 560 076 …RESPONDENT (BY MS. NIDHI A. PATIL, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.04.2024 PASSED IN OS.NO.6066/2023 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU HC-KAR NC: 2026:KHC:16044-DB RFA No. 2753 of 2025 3 ORAL JUDGMENT (PER: HON'BLE MS. JUSTICE TARA VITASTA GANJU) 1. After arguing the matter for sometime, learned counsel for the appellants seeks leave of the Court to withdraw the present appeal with liberty to file an application for setting aside the ex-parte decree passed against them, before the Trial Court. 2. The appeal is dismissed as withdrawn with liberty as prayed for, albeit in accordance with law. 3. All pending applications stand closed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE PN List No.: 1 Sl No.: 30