- 1 - HC-KAR CNR: KAHC010202552025 NC: 2026:KHC:37867-DB RFA No. 779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.779 OF 2025 (DEC) BETWEEN: 1. MR. G. ASHRAF ALI KHAN S/O G. ABDUL KHADER KHAN, AGED ABOUT 62 YEARS, RESIDING AT NO.32, 3RD MAIN, 6TH CROSS, LAL BAHADUR SHASTRY NAGAR, VIMANAPURA POST, BENGALURU - 560 017. …APPELLANT (BY SRI SYED AKMAL HASAN RAZVI, ADVOCATE) AND: 1. SRI SYED NUSERATH S/O LATE SYED GAFOOR, AGED ABOUT 65 YEARS, RESIDING AT NO.5, NUSERATH BUILDING, 5TH CROSS, GAFOOR ROAD, L.B. SHASTRY NAGAR, H.A.L., BENGALURU - 560 017. Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010202552025 NC: 2026:KHC:37867-DB RFA No. 779 of 2025 2. SRI SYED ANWAR S/O LATE SYED GAFOOR, AGED ABOUT 87 YEARS, RESIDING AT NO.52, 8TH CROSS, R.K. HEGDE NAGAR, BENGALURU - 560 017. 3. SMT. ASHRAF W/O LATE SYED MEHABOOB, AGED ABOUT 62YEARS, RESIDING AT NO.5, MEHABOOB BUILDING, 5TH CROSS, GAFOOR ROAD, L.B. SASTRY NAGAR, H.A.L., BENGALURU - 560 017. 4. SRI SYED NAYAZ S/O LATE SYED MEHABOOB, AGED ABOUT 41 YEARS, RESIDING AT NO.5, MEHABOOB BUILDING, 5TH CROSS, GAFOOR ROAD, L.B. SASTRY NAGAR., H.A.L, BENGALURU - 560 017. 5. SRI SYED ANSAR S/O LATE SYED GAFOOR, AGED ABOUT 67 YEARS, RESIDING AT OLD BASHA COMPOUND, ADJACENT TO EX-COUNSELOR HOUSE, ISLAMPURA ANNASANDRA PALYA, H.A.L., BENGALURU - 560 017. 6. SRI SYED RIYAZ S/O LATE SYED GAFOOR, AGED ABOUT 60 YEARS, RESIDING ATNO.585, 2ND MAIN ROAD, 8TH CROSS, K.G. HALLI, BENGALURU - 560 045. - 3 - HC-KAR CNR: KAHC010202552025 NC: 2026:KHC:37867-DB RFA No. 779 of 2025 7. SMT. BALKEES BHANU W/O LATE SYED YOUSUFF, AGED ABOUT 43 YEARS, RESIDING AT NO.542/1, DR. AMBEDKAR MEDICAL COLLEGE CROSS, S.R. MAIN ROAD, ARABIC COLLEGE POST, BENGALURU - 560 045. 8. SRI SYED HUSSAIN S/O LATE SYED YOUSUFF, AGED ABOUT 45 YEARS, RESIDING AT NO.542/1, DR. AMBEDKAR MEDICAL COLLEGE CROSS, S.R. MAIN ROAD, ARABIC COLLEGE POST, BENGALURU - 560 045. 9. SRI SYED AHAMED S/O LATE SYED YOUSUFF, AGED ABOUT 37 YEARS, RESIDING AT NO.542/1, DR. AMBEDKAR MEDICAL COLLEGE CROSS, S.R. MAIN ROAD, ARABIC COLLEGE POST, BENGALURU - 560 045. …RESPONDENTS (BY SRI RAJESH GOWDA G.E., ADVOCATE, FOR R-1) * * * THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH UNDER ORDER XLI RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 20-12-2024 PASSED IN ORIGINAL SUIT NO.9956 OF 2015, ON THE FILE OF THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-53). THIS REGULAR FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T - 4 - HC-KAR CNR: KAHC010202552025 NC: 2026:KHC:37867-DB RFA No. 779 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) A memo is filed seeking withdrawal of the appeal, which reads as follows: "The appellant for Petitioner submits that above case has been settled out of court as the respondent and his family have executed a confirmation deed in favour of the petitioner. The copy of the confirmation deed is attached. Therefore, it is prayed that this Hon'ble Court may be pleased to dismiss the above petition as withdrawn in the interest of justice." 2. The memo is signed by the learned counsel for the appellant. In the above view of the matter, accepting the memo, the appeal is dismissed as withdrawn. All pending interlocutory applications shall stand dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 38