- 1 - HC-KAR NC: 2026:KHC:31954 RFA No. 1146 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1146 OF 2022 (RES) BETWEEN: 1. SRI S M BASAVARAJU AGED ABOUT 66 YEARS S/O SOMARAJU R/AT NO.6, 4TH MAIN ROAD VINAYAKA LAYOUT, VIJAYANAGARA BANGALORE-560040. …APPELLANT (BY SRI. C V SRINIVASA., ADVOCATE) AND: 1. SMT. SUPRIYA H A D/O SRI VENKATESH RESIDING AT NO.2, 6TH CROSS SHIVANANDANAGAR, MUDALPALYA GKW LAYOUT, VIJAYANAGAR BENGALURU-560072. …RESPONDENT (BY SRI. CHETAN JADHAV., ADVOCATE/CR) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE ORDER ON IA NO.III DATED 25.03.2022 PASSED ON IA NO.III IN OS No.4416/2020 ON THE FILE OF THE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31954 RFA No. 1146 of 2022 BANGALORE, ALLOWING THE IA NO.III FILED UNDER ODER VII RULE 11 R/W SECTION 151 OF CPC., FOR REJECTION OF PLAINT. THIS REGULAR FIRST APPEAL IS COMING ON FOR FINAL HEARING, 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 dated 25.06.2026, which reads as under: MEMO FOR WITHDRAWAL The advocate for appellant humbly begs to state as follows:- "The appellant has filed the above appeal against the order dated 25.03.2022 passed in O.S.No.4416/2020. The above matter is set down for admission before this Hon'ble Court. The appellant has filed a suit for bare injunction and it is an admitted fact that after the trial court passed the order recently the appellant dispossessed from the suit schedule property. Now the appellant has to file the suit for declaration and with the consequential relief for recovery of possession from the - 3 - HC-KAR NC: 2026:KHC:31954 RFA No. 1146 of 2022 respondent herein. Hence, the appellant prays that this Hon'ble Court be pleased to allow this memo of withdrawal with reserving the liberty to file suit for declaration and recovery of possession in the interest of justice and equity." Memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE AG List No.: 1 Sl No.: 38