- 1 - HC-KAR NC: 2026:KHC:35354 RFA No. 545 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 545 OF 2019 (DEC/INJ) BETWEEN: B. SAMBASIVA REDDY SON OF MR.B.SADASIVA REDDY, AGED ABOUT 67 YEARS, HAVING HIS PLACE OF BUSINESS AT SHED NO.C-212, 1ST STAGE, 4TH CROSS, PEENYA INDUSTRIAL ESTATE, PENYA, BANGALORE 560058. …APPELLANT (BY SRI.R.B.SADASIVAPPA, ADVOCATE) AND: 1. M/S SWITHCHING POWER CONVERSION PVT. LTD. A REGISTERED COMPANY HAVING ITS REGISTERED OFFICE AT NO.105/678, LAGGERE ROD, 4TH CROS, 1ST STAGE PEENYA INDUSTRIAL ESTATE, PEENYA, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35354 RFA No. 545 of 2019 BANGALORE 560058 REPRESENTED BY ITS DIRECTR, MR.R.SRINIVAS. 2. MR. S.C.ANAND PROPRIETOR, M/S VINAYAKA ENERPRISES HAVING HIS PLACE OF BUSINESS AT NO.C-212, 4TH CROSS, 1ST STAGE, PEENYA INDUSTRIAL ESTATE, PEENYA, BANGALORE 560058. …RESPONDENTS (BY SRI.V.VINOD REDDY, ADV. FOR C/R-1; V/O/D 22.11.2019 NOTICE TO R-2 IS D/W) THIS RFA IS FILED UNDER SEC.96 R/W.ORDER XLI RULES 1 AND 2 OF THE CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 31.01.2019 PASSED IN OS NO.2073/2012 ON THE FILE OF THE XII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-27) DISMISSING THE SUIT FOR DECLARATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:35354 RFA No. 545 of 2019 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 10.07.2026 for withdrawal of the appeal. The memo reads as under: "The above RFA filed under Section 96 read with Order XLI Rules 1 and 2 of Code of Civil Procedure 1908 praying before this Hon'ble Court to set aside the impugned judgment and decree dated 31.01.2019 passed by the Hon'ble Court of the XII Addl.City Civil and Sessions Judge, Bengaluru City (C.C.H.No.27) in O.S.No.2073 of 2012 and decree the suit of the appellant as prayed for. It is submitted that in view of taking over the possession of the schedule property by the Respondent, the appeal became infructuous, and therefore the appellant may be permitted to withdraw the appeal with the liberty to file a fresh suit in the interest of justice and equity." Placing reliance on the memo, appeal is dismissed as withdrawn. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 48