- 1 - HC-KAR CNR: KAHC010132992026 NC: 2026:KHC:40480-DB RFA No. 381 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 381 OF 2026 (PAR) BETWEEN: M/S. MAHENDRA DEVELOPERS, OFFICE AT DOOR NO. 37, MAYURAM ENCLAVE, SY NO. 14, 27/2, 27/3 AND 28, NAGAVALA VILLAGE, ILAVALA HOBLI, MYSURU TALUK - 571 130 (REPRESENTED BY ITS MANAGING PARTNER, MR. P B MAHENDRA) …APPELLANT (BY SRI. P. MAHESHA, ADVOCATE) AND: 1. SMT. NAGARATHNAMMA, W/O GOWDAIAH, AGED ABOUT 82 YEARS, R/O YALACHALLI VILLAGE, MYDANAHALLI POST, YELWALA HOBLI, MYSURU TALUK AND DISTRICT - 571 130. 2. LATE JAVAREGOWDA, SINCE DEAD BY HIS LRS., SMT. ANKAMMA, W/O LATE JAVAREGOWDA, AGED ABOUT 84 YEARS. 3. SRI. J S SRINIVAS, S/O LATE JAVAREGOWDA, AGED ABOUT 55 YEARS. Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010132992026 NC: 2026:KHC:40480-DB RFA No. 381 of 2026 4. SRI. J. S. SATHISHA S/O LATE JAVAREGOWDA, AGED ABOUT 51 YEARS, RESPONDENTS NO.2 TO 4 ARE ALL R/O SREERAMPURA VILLAGE, CHUNCHANAKATTE HOBLI, K R NAGARA TALUK, MYSURU DISTRICT - 571 617. 5. SMT. J S PUSHPANJALI, D/O LATE JAVAREGOWDA, W/O K C KUBERA, AGED ABOUT 53 YEARS, R/O KENCHUGARA KOPPAL VILLAGE, KESTURU POST, CHUNCHANAKATTE HOBLI, K R NAGARA TALUK, MYSURU DISTRICT - 571 602. 6. SMT. J S SUKANYA, D/O LATE JAVAREGOWDA, W/O G R PRAKASH, AGED ABOUT 59 YEARS, R/O NO. 5, 4TH CROSS, 5TH MAIN, MATHRU LAYOUT, YELAHANKA NEW TOWN, G K V K POST, BENGALURU - 560 064. 7. SRI. GOVINDEGOWDA, S/O LATE KARIGOWDA, AGED ABOUT 85 YEARS, R/O YALACHALLI VILLAGE, MYDANAHALLI POST, YELWALA HOBLI, MYSURU TALUK AND DISTRICT - 571 130. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE ORDER DATED 17.06.2023 PASSED IN FDP.34/2022 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU, - 3 - HC-KAR CNR: KAHC010132992026 NC: 2026:KHC:40480-DB RFA No. 381 of 2026 ALLOWING THE PETITION FILED UNDER ORDER XX RULE 18 READ WITH SECTION.54 OF CPC. THIS RFA, 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 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) A memo has been filed seeking withdrawal of the appeal on the ground that the appellant does not wish to prosecute the appeal, which reads as follows: "The appellant herein does not wish to prosecute the above appeal and is seeking the leave of this Hon'ble Court to withdraw the above appeal. Hence it is respectfully prayed that this Hon'ble Court may kindly be pleased to permit the Appellant herein to withdraw the above appeal, in the interest of Justice and Equity." Learned counsel for the appellant submits that it is on the specific instructions of the appellant that the appeal is sought to be withdrawn. - 4 - HC-KAR CNR: KAHC010132992026 NC: 2026:KHC:40480-DB RFA No. 381 of 2026 In the above view of the matter, the memo is accepted and the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 22