- 1 - HC-KAR NC: 2026:KHC:33373 RFA No. 1233 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 1233 OF 2020 (INJ-) BETWEEN: 1. SMT. SUDHA W/O NAGESH AGED ABOUT 41 YEARS R/AT No.65, 2ND CROSS CHAMUNDINAGAR, BSK 3RD STAGE BENGALURU-560 084. …APPELLANT (BY SR. SADASHIVAIAH K G, AND SRI ABHIJITH S, ADVOCATES) AND: 1. THE BENGALURU DEVELOPMENT AUTHORITY REP. BY ITS CHAIRMAN K P WEST BENGALURU-560 001. 2. SRI M K PUTTASWAMY S/O KENCHEGOWDA AGED ABOUT 68 YEARS R/AT No.82 2ND MAIN 2ND CROSS MUNIRAMAPPA BLOCK BINNY MILL ROAD, GANGANAGAR BENGALURU-560 032. …RESPONDENTS (BY SRI SURESH.P, ADVOCATE FOR C/R2 V/O DTD. 8.6.23, APPEAL AGAINST R1 ABATES) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33373 RFA No. 1233 of 2020 THIS RFA IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.03.2020 PASSED IN OS.No.7809/2013 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. Learned counsel for appellant files a memo seeking withdrawal of the appeal. The memo is also signed by appellant and his counsel. The memo reads thus: “The Appellant most humbly submits that the contesting Respondent No. 2 died on 03.08.2021 and as against the said Respondent the appeal is abated and the Appellant may be permitted to withdraw the appeal without prejudice to the right and interest of the Appellant and the 2nd Respondent has clearly admit the possession of the Appellant and in view of the same the Appellant may be permitted to withdraw the appeal with a liberty to file a suit - 3 - HC-KAR NC: 2026:KHC:33373 RFA No. 1233 of 2020 under the changed circumstances in the interest of justice and equity.” 2. In view of the memo, appeal is dismissed as withdrawn. 3. In view of dismissal of the appeal, all pending IAs stands disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 8 Ct.sm