- 1 - HC-KAR CNR: KAHC010540632013 NC: 2026:KHC:46155 RFA No. 751 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 751 OF 2013 (INJ) BETWEEN: M/S. PARIJATHA APARTMENT OWNER'S ASSOCIATION, NO.79, 16TH MAIN, MICO LAYOUT, OPP. ST. FRANCIS SCHOOL, HONGASANDRA, BEGUR MAIN ROAD, BANGALORE - 68. REPERESENTED BY ITS PRESIDENT AND SECRETARY, SRI. BALACHANDRA KAMATH S/O SRI. BASKAR KAMATH. …APPELLANT (BY SRI. V. HARIDAS BHAT, ADVOCATE) AND: 1. SRI. RAMAGAD JAYAPRAKASH S/O SRI. R.S. SOMAPPA, AGED ABOUT 29 YEARS, 2. SMT. SUPRIYA JAYAPRAKASH W/O RAMAGAD JAYAPRAKASH AGED ABOUT 29 YEARS, R/AT FLAT NO.309, PARIJATHA RESIDENTIAL COMPLEX, NO.79, 16TH MAIN, MICO LAYOUT, OPP.ST.FRANCIS SCHOOL, Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010540632013 NC: 2026:KHC:46155 RFA No. 751 of 2013 HONGASANDRA, BEGUR MAIN ROAD, BANGALORE - 560 068. …RESPONDENTS (BY SRI. B.G. SRIRAM, ADVOCATE FOR R1 AND R2) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.8.2012 PASSED IN O.S.NO.6995/2010 ON THE FILE OF THE V ADDL. CITY CIVIL JUDGE, BANGALORE, (CCH 13), PARTLY DECREEING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking leave of the Court to withdraw the appeal. 2. The memo reads as under: MEMO FOR WITHDRAWAL "It is submitted that the appellant in the above case has shifted its Gymnasium from the top floor/terrace to the ground floor. Therefore, the above appeal does not survive. Therefore, it is prayed that this - 3 - HC-KAR CNR: KAHC010540632013 NC: 2026:KHC:46155 RFA No. 751 of 2013 Hon'ble Court may be pleased to permit the appellant to withdraw the above appeal, in the interest of justice." 3. In view of the aforesaid memo, the appeal is dismissed as withdrawn. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 1