- 1 - HC-KAR NC: 2026:KHC:26596 RSA No. 398 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.398 OF 2017 (INJ) BETWEEN: SMT. SAVITHRAMMA W/O S.M.KRISHNAIAH, AGED ABOUT 62 YEARS, RESIDING AT NO.635, SHIVARATHRISWARNAGAR, BANNIMANTAP, "B" LAYOT, MYSURU – 570 001. …APPELLANT (BY SMT.CHAITRA PATTAR FOR SRI V R SARATHY, ADVOCATES) AND: 1. SMT. KOUSAR BEGUM W/O MAQBUL PASHA, AGED ABOUT 52 YEARS, RESIDING AT NO.3255, 1ST STAGE, RAJEEVNAGAR, MYSORU-570 001. SRI MANSOOR PASHA S/O LATE PASHA SAB, SINCE DECEASED BY HIS LRS, 2. SMT FARHATH AFZA, W/O LATE MANSOOR PASHA, AGED ABOUT 48 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26596 RSA No. 398 of 2017 3. SMT AFRAN PASHA S/O LATE MANSOOR PASHA AGED ABOUT 27 YEARS, 4. SMT UMEYHAANI D/O LATE MANSOOR PASHA AGED ABOUT 27 YEARS, 5. SMT KHADEER UNNISA D/O LATE MANSOOR PASHA AGED ABOUT 21 YEARS, 6. SMT UMRAAZ FATHIMA D/O LATE MANSOOR PASHA AGED ABOUT 19 YEARS, SL.NO.2 TO 6 ALL ARE R/AT #E143/276/7-A PIPELINE ROAD, UMARBAIG EXTENSION SARABANDE PALYA, BANASHANKARI BANGALORE SOUTH. …RESPONDENTS (R1 TO R6 ARE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 4.11.2016 PASSED IN R.A.NO.13/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, T.NARASIPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.3.2010 PASSED IN O.S.NO.153/2008 ON THE FILE OF THE CIVIL JUDGE (JR.DN) T.NARASIPURA THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2026:KHC:26596 RSA No. 398 of 2017 ORAL JUDGMENT Learned counsel for the appellant has filed the memo. Memo reads as under: “Advocate for the Appellant submits as follows: 1. That, the present Appeal has been filed by the Appellant, against the Judgment And Decree Dated 4.11.2016 passed in RA No.13/2011 on the file of the Senior Civil Judge And JMFC, T.Narasipura, allowing the appeal and setting aside the judgment and decree dated 18.3.2010 passed in OS. No.153/2008 on the file of the Civil Judge (Jr.dn) T.Narasipura. The appellant herein was the Plaintiff in the Trial court and Appellant in the First Appellate Court. The appellant herein has filed the said suit for injunction and declaration against the Defendants, the Respondents, herein as the Defendants failed to execute the Sale deed which was agreed on Agreement for Sale on 23.09.1999. 2. Thus being the case, now, as we received the information by our clients, i.e the appellant, we came to know that, Appellant is in peaceful possession in the suit schedule property and now the Defendants are not interfering with peaceful possession of the Appellants. And the Dispute has been resolved between the parties themselves. - 4 - HC-KAR NC: 2026:KHC:26596 RSA No. 398 of 2017 Hence it is humbly prayed before this Hon'ble court to permit the appellant to withdraw the present Appeal as the Dispute has been resolved between the parties themselves, in the interest of justice and equity.” 2. Placing the memo on record, appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 64