- 1 - HC-KAR CNR: KAHC010116772017 NC: 2026:KHC:42392-DB RFA No. 2163 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN REGULAR FIRST APPEAL NO. 2163 OF 2017 (SP/DE/IN) BETWEEN: 1. SRI V R RAMAMURTHY AGED ABOUT 61 YEARS, S/O LATE SRI RAJAGOPAL SHETTY R/O NO.485, 8TH MAIN 11TH CROSS 2ND PHASE, GIRINAGAR, BANGALORE-560085 2. SRI G R NAGARAJ AGED ABOUT 61 YEARS, S/O LATE SRI P G RAJAGOPAL SETTY 3. SMT G N LALITHA W/O SRI G R NAGARAJ AGED ABOUT 57 YEARS, 4. SRI RAJA HARSHA S/O SRI G R NAGARAJ AGED ABOUT 29 YEARS, 5. SMT G N LAKSHMI D/O SRI G R NAGARAJ AGED ABOUT 27 YEARS, APPELLANTS 2 TO 5 ARE RESIDENTS OF NO.11/1 RAJATHAGIRI RANGA RAO ROAD, SHANKARAPURAM BANGALORE-560004 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010116772017 NC: 2026:KHC:42392-DB RFA No. 2163 of 2017 6. SRI K N VIJAYA KUMAR S/O SRI K S NAGARAJ GUPTA AGED ABUT 44 YEARS, R/O NO.1033, 13TH A MAIN HANUMANTHANAGAR BANGALORE-560085 7. SMT SHOBHA SATISH W/O SRI A SATISH, AGED ABOUT 59 YEARS R/O NO.7/B, SURYA, 4TH MAIN NEHRU ROAD, GIRINAGAR BANGALORE-560085 8. SRI K N ASHWATHNARAYANA S/O LATE SRI KATTA SETTY NANJAIAH AGED ABOUT 64 YEARS, R/O NO.175 BHARATH COMPLEX, A S ACHAR STREET BANGALORE-560053 9. SRI N A NAGARAJ SETTY S/O ANJENEYA SETTY AGED ABOUT 66 YEARS, R/O NO. 840D 1ST E MAIN 2ND STAGE, GIRINAGAR BANGALORE-560085 10. SRI T V NAGALINGA S/O LATE SRI T VENKATARAJA SETTY AGED ABOUT 66 YEARS, R/O NO.502, ASWATHKATTE ROAD, V V PURAM, BANGALORE-560004 11. SRI C N RAJEDNRA S/O SRI C N NARAYANA SETTY AGED ABOUT 65 YEARS, R/O NO.840C, 1ST MAIN 2ND STAGE, GIRINAGAR - 3 - HC-KAR CNR: KAHC010116772017 NC: 2026:KHC:42392-DB RFA No. 2163 of 2017 BANGALORE-560085 12. SRI R B ASHOK KUMAR S/O SRI R BALAIAH SETTY AGED ABOUT 64 YEARS, R/O RAVI PRIYA 5TH A MAIN, OBALAPPA GARDEN BANGALORE-560078 13. SMT K V SRIVIDYA W/O SRI K S SUHAS AGED ABOUT 35 YEARS, R/O NO. 213, 10TH MAIN NAGENDRA BLOCK, BANGALORE-560050 14. SRI K V RAMESH KUMAR S/O LATE SRI K V V GUPTA AGED ABOUT 66 YEARS, R/O NO.6 SRIRAKSHA MARKET ROAD, BASAVANAGUDI BANGALORE-560004 15. SRI K S PARTHA SARTHY S/O LATE SRI K K SANJEEVAMURTHY SETTY AGED ABOUT 72 YEARS, R/O NO.79/4, 2ND FLOOR, RANGARO ROAD, SHANKARAPURAM BANGALORE-560004 16. SRI C N RAMACHANDRA SETTY S/O LATE SRI NARAYANA SETTY AGED ABOUT 73 YEARS, R/O NO.27, MNK RAO ROAD, BASAVANAGUDI BANGALORE-569994 …APPELLANTS (BY SMT. SUNITHA M., ADVOCATE FOR A1 TO A7, A9 TO A14, A16 AND ALSO FOR A8 AND A15) - 4 - HC-KAR CNR: KAHC010116772017 NC: 2026:KHC:42392-DB RFA No. 2163 of 2017 AND: 1. SRI P RAMESH RAJU S/O LATE SRI P CHANGAMA RAJU AGED ABOUT 58 YEARS, R/O NO.4, 11TH MAIN ROAD, 36TH CROSS, 4TH T BLOCK JAYANAGAR BANGALORE-560041 PRESENTLY R/AT No.8, (OLD No.1592), 11TH A MAIN ROAD, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041. …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.10.2017 PASSED IN OS NO.5972/2013 ON THE FILE OF THE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the appellant has filed a memo dated 03.08.2026 seeking withdrawal of this appeal. 2. In view of the memo, the * appeal is dismissed as withdrawn. *Deleted Vide Chamber Order Dated:20.08.2026. - 5 - HC-KAR CNR: KAHC010116772017 NC: 2026:KHC:42392-DB RFA No. 2163 of 2017 3. The Court fee, if permitted under the law, may be refunded to the appellants. The original/certified documents, if any, filed along with the appeal to be returned to the appellants on retaining a photocopy thereof. 4. In view of dismissal of the * appeal, pending IAs do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA List No.: 1 Sl No.: 1 *Deleted Vide Chamber Order Dated:20.08.2026.