- 1 - HC-KAR NC: 2026:KHC:26592-DB RFA No. 267 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 267 OF 2018 (PAR) BETWEEN: NOORIE EDUCATIONAL SOCIETY & GOLDEN COLLEGE OF PHARMACY, REP. BY ITS SECRETARY SRI. L.S. SHAHZADHA, S/O LATE ABDUL LATHEEF, AGED ABOUT 58 YEARS, S.N.M. SCHOOL ROAD, ANDERSONPET, K.G.F. - 563 113. …APPELLANT (BY SRI. ABHISHEK VAIDYA, ADVOCATE) AND: 1. SMT. L. SHANTHI, W/O SRI. C. PATTABHIRAMAN, AGED ABOUT 47 YEARS, REPRESENTED BY HER GPA HOLDER SRI C. PATTABHIRAMAN, R/AT NO.4, UPSTAIRS, 18TH CROSS, LAKSHMIPURAM, ULSOOR, BANGALORE - 560 008. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26592-DB RFA No. 267 of 2018 2. SRI. L. VENKATESHBABU, S/O LATE LAKSHMAIAH NAIDU, AGED ABOUT 53 YEARS, R/AT LAKSHMI TALKIES BUILDING, ANDERSONPET, K.G.F. - 563 133. 3. SMT. LALITHA, W/O P.V.S. VENUGOPAL, AGED ABOUT 63 YEARS, R/AT LAKSHMI TALKIES BUILDING, ANDERSONPET POST, K.G.F. - 563 113. 4. SMT. AMARAJYOTHI, W/O SOUNDARAJAN, AGED ABOUT 59 YEARS, R/AT LAKSHMI TALKIES BUILDING, ANDERSONPET POST, K.G.F. - 563 113. 5. SMT. SANGEETHA, W/O K. RAJENDRA BABU, AGED ABOUT 52 YEARS, R/AT LAKSHMI TALKIES BUILDING, ANDERSONPET POST, K.G.F. - 563 113. 6. SMT. FRAHANA BEGUM, W/O SRI SYED IQBAL, AGED ABOUT 61 YEARS, R/AT S.N.M. SCHOOL ROAD, ANDERSONPET, K.G.F - 563 113. - 3 - HC-KAR NC: 2026:KHC:26592-DB RFA No. 267 of 2018 7. SRI. R. MATHY THE DEFENDANT -29 SINCE DEAD BY LRS; SMT. SARASWATHI, W/O LATE MATHI, AGED ABOUT 61 YEARS, R/AT NO.53, 7TH CROSS ROAD, OPP. NEHRU GROUND, ROBERTSONPET, K.G.F. - 563 113. 8. SMT. LATHA, D/O LATE MATHI, AGED ABOUT 40 YEARS, R/AT NO.53, 7TH CROSS ROAD, OPP. NEHRU GROUND, ROBERTSONPET, K.G.F. - 563 113. 9. SHRI RAJA, S/O LATE MATHI, AGED ABOUT 37 YEARS, R/AT NO.53, 7TH CROSS ROAD, OPP. NEHRU GROUND, ROBERTSONPET, K.G.F - 563 113. 10. SMT. MANJULA, D/O LATE MATHI, AGED ABOUT 31 YEARS, R/AT NO.53, 7TH CROSS ROAD, - 4 - HC-KAR NC: 2026:KHC:26592-DB RFA No. 267 of 2018 OPP. NEHRU GROUND, ROBERTSONPET, K.G.F - 563 113. …RESPONDENTS (BY SRI.V.B.SHIVAKUMAR, ADVOCATE FOR R1 TO R5 VIDE ORDER DATED 30/8/18; R6, R7, R8, R9 AND R10 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SEC.96(1) OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.12.2013 PASSED IN OS.NO.26/1993 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, AT K.G.F., DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND MESNE PROFITS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the appellant has filed memo to withdraw this appeal. 2. Considering the submission that the matter has been rendered infructuous by efflux of time in terms of the - 5 - HC-KAR NC: 2026:KHC:26592-DB RFA No. 267 of 2018 memo dated 14.03.2025, we dismiss the appeal as withdrawn. The appellant would be entitled to refund of the court fee in accordance with the relevant Rules. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE BSV List No.: 1 Sl No.: 1