- 1 - HC-KAR CNR: KAHC010466832019 NC: 2026:KHC:42716-DB RFA No. 2180 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA REGULAR FIRST APPEAL NO.2180 OF 2019 BETWEEN: 1. SRI. R.MURTHY S/O LATE RAMAPPA, AGED ABOUT 29 YEARS, 2. DR. YOGITHABALI M.R., D/O SRI. MUNIYELLAPPA, AGED ABOUT 37 YEARS, 3. SMT. SARITHA RANI M.R., D/O MUNIYELLAPPA, AGED ABOUT 35 YEARS, ALL ARE RESIDENTS OF NO.112, DOCTORS LAYOUT, ARAKERE, BANNERGHATTA ROAD, BENGALURU-560 076. …APPELLANTS (BY SRI. A.MADHUSUDHANA RAO, ADVOCATE) AND: 1. SMT. JASBEEN TAJ W/O S.H.REHMATH SHARIEFF, AGED ABOUT 49 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010466832019 NC: 2026:KHC:42716-DB RFA No. 2180 of 2019 2. SRI. MUNIYELLAPPA S/O LATE MUNIYAPPA, AGED ABOUT 64 YEARS, 3. SRI. M.YELLAPPA S/O LATE MUNIYAPPA, AGED ABOUT 57 YEARS, 4. SRI. NAGARAJU M., S/O LATE MUNIYAPPA, AGED ABOUT 50 YEARS, ALL ARE RESIDENTS OF NO.25 HAINEE ROAD, BENGALURU-560 051 AND ALSO AT MAKAN ROAD, BENGALURU-560 051. …RESPONDENTS (BY SRI. S.D.N.PRASAD, ADVOCATE FOR R2 TO R4) THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC., AGAINST THE ORDER AND DECREE DATED 18.09.2019 PASSED ON IA.NO.2 IN OS.NO.26046/2018 ON THE FILE OF THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE IA.NO.2 FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SEC.151 OF CPC., FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA - 3 - HC-KAR CNR: KAHC010466832019 NC: 2026:KHC:42716-DB RFA No. 2180 of 2019 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellants seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under: "MEMO FOR WITHDRAWAL The Appellants herein most respectfully submit that the controversy involved in the present case has been settled out of court; as such the Appellants herein pray for the leave of this Hon'ble Court to withdraw the instant appeal as not pressed and the same may kindly be dismissed as not pressed in the interest of justice and equity." 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE PB List No.: 1 Sl No.: 19