- 1 - HC-KAR CNR: KAHC010117942024 NC: 2026:KHC:45268 RFA No. 438 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 438 OF 2024 (INJ) BETWEEN: SMT. A. KUSUMA PRABHAKAR AGED 55 YEARS W/O. SRI. D.PRABHAKAR RESIDING AT NO.002 NISHANTH DARPAN 4TH MAIN NEHRU NAGAR BENGALURU – 560 020. REP. BY POWER OF ATTORNEY HOLDER SRI. D. PRABHAKAR …APPELLANT (BY SRI. S B TOTAD, ADVOCATE) AND: SMT. NALINI P AGED 44 YEARS D/O LATE PUTTASWAMY RESIDING AT FLAT NO 1522, A BLOCK 3RD STAGE 12TH CROSS DATTAGALI KANAKADASA NAGAR MYSURU – 570 022. …RESPONDENT (BY SRI. BAYYA REDDY N, ADVOCATE) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010117942024 NC: 2026:KHC:45268 RFA No. 438 of 2024 THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.11.2023 PASSED IN OS NO.2918/2016 ON THE FILE OF V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC., THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 20.08.2026 to withdraw the appeal, which reads as under: “MEMO FOR WITHDRAWAL "The Appellant above named submits as under: The above appeal is filed calling in question the judgment and decree passed in O.S.No.2918/2016 on the file of the Hon'ble City Civil Judge, Bengaluru. That this Hon'ble Court was pleased to admit the above appeal and in the meanwhile the respondent is approaching for settlement with a rider that the appellant should withdraw the appeal. - 3 - HC-KAR CNR: KAHC010117942024 NC: 2026:KHC:45268 RFA No. 438 of 2024 That in order to buy peace the appellant intends to withdraw the appeal and seeks leave of file a fresh appeal if need arises. That the appellant prays that she may be permitted to withdraw the appeal in the interest of justice and equity." 2. Accepting the said memo and submission of learned counsel for the appellant is taken on record. Accordingly, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv List No.: 1 Sl No.: 63