- 1 - HC-KAR CNR: KAHC010113682019 NC: 2026:KHC:41803 RFA No. 867 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 867 OF 2019 (DEC/INJ) BETWEEN: SMT ANITHA DEV W/O LATE DR AHAMINDRA DEV AGED ABOUT 65 YEARS, R/AT NO.14/87, RATHNAVILAS ROAD BASAVANAGUDI BENGALURU-560 004 …APPELLANT (BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE) AND: 1. SMT SUSHEELA BAI W/O SRI BHEEMRAJ H JAIN, AGED ABOUT 55 YEARS, 2ND FLOOR OF NO.54 SHANKARAPARK RANGA RAO ROAD, SHANKARAPURAM BENGALURU-560 064 2. BRUHAT BENGALURU MAHANAGARA PALIKE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010113682019 NC: 2026:KHC:41803 RFA No. 867 of 2019 HUDSON CIRCLE, BENGALURU …RESPONDENTS (BY SRI. RAVISHANKAR G.S, ADVOCATE AND SRI. RAMALINGE GOWDA B, ADVOCATE FOR C/R1 R2 - SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.03.2019 PASSED IN OS NO.3391/2014 ON THE FILE OF THE XL ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU DISMISSING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT Learned counsel for the appellant files a memo seeking leave of this Court to withdraw the above appeal, which reads as under: "1. The Appellant above named submits that in the meantime, First Respondent has removed the violations on the western side of Schedule A property and has also demolished the 4th floor portion, which - 3 - HC-KAR CNR: KAHC010113682019 NC: 2026:KHC:41803 RFA No. 867 of 2019 was constructed in violation of the sanctioned plan. 2. In the foregoing background, Appellant seeks leave to withdraw the above appeal and the same may be dismissed as withdrawn in the interest of justice." Placing memo on record, the appeal is dismissed as withdrawn. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 60