- 1 - HC-KAR CNR: KAHC010528662026 NC: 2026:KHC:52927 RFA No. 1603 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1603 OF 2026 (INJ) BETWEEN: 1. MR. NATARAJA.T S/O. MR. THAMMAIAH AGED ABOUT 58 YEARS R/AT NO.49, ANJANEYASWAMY TEMPLE STREET, UTTARAHALLI, SUBRAMANYAPURA BENGALURU – 560 061. …APPELLANT (BY SRI. NISHANTH A V, ADVOCATE) AND: 1. MS. K.SHOBHA W/O LATE B.K.MARIGOWDA AGED ABOUT 66 YEARS R/AT NEAR GEETHA EYE CLINIC SAMPIGE ROAD, K.R.PURAM HASSAN – 573 201. 2. MR. M.K.BALAMURTHY S/O. MR KEMPE GOWDA AGED ABOUT 52 YEARS OM SHIVA SHAKTHI NAGAR RBI LAYOUT MAIN ROAD R/AT: NO.16/A, 6TH CROSS DODDAKALLASANDRA J.P. NAGAR, 7TH PHASE BENGALURU – 560 062. …RESPONDENTS (BY SRI. NARASIMHARAJU, ADVOCATE FOR R1) Digitally signed by N UMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010528662026 NC: 2026:KHC:52927 RFA No. 1603 of 2026 THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED.27.03.2026 PASSED IN OS NO.2461/2023 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-12), BENGALURU AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, 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 seeking permission of this Court to withdraw the appeal. 2. The memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn, with liberty to raise all the contentions available to the appellant in the comprehensive suit in O.S.No.25981/2026. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE rv, Sl No.: 47