- 1 - HC-KAR CNR: KAHC010111542018 NC: 2026:KHC:54027 RFA No. 747 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 747 OF 2018 (DEC/INJ) BETWEEN: 1. SRI. N BALAJI S/O SRI P NARAYANA MURTHY AGED ABOUT 43 YEARS REP BY PA HOLDER APPELLANT NO.2 SHIVAKUMAR. 2. SRI N SHIVAKUMAR AGED ABOUT 41 YEARS S/O SRI P NARAYANAMURTHY BOTH ARE R/O NO.45, 2ND MAIN VIDYAPEETA LAYOUT THYAGARAJANAGAR BSK 3RD STAGE BANGALORE-560085. …APPELLANTS (BY SRI. H R MANJUNATHA ., ADVOCATE) AND: 1. SRI. DEVARAJU AGED ABOUT 63 YEARS S/O LATE RANGAPPA R/A JYOTHI ESTATE KOTANAYAKANA HALLI POST TIPTUR TALUK TUMKUR DISTRICT TUMKUR-572201. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010111542018 NC: 2026:KHC:54027 RFA No. 747 of 2018 2. SRI KOTA VEDVYASA NAYAK AGED ABOUT 50 YEARS S/O UPENDR NAYAK R/AT SUHAS NILAYA BEHIND SAI BABA TEMPLE K R EXTENSION TIPTUR TALUK, TUMKUR DISTRICT TUMKUR-572201. 3. SMT H S JAYANTHI AGED ABOUT 29 YEARS W/O SRI KEMPEGOWDA R/A NO.28/95, 8TH F CROSS RPC LAYOUT, VIJAYANAGAR BANGALORE-40. 4. SRI C VENKATACHALAPATHY AGED ABOUT 49 YEARS S/O CHIKKAVENKATESHAPPA R/A NO.386, NAGAWARA MAIN ROAD NEAR RING ROAD NAGAVARA, BANGALORE-45. 5. SRI T HOBALAPPA AGED ABOUT 67 YEARS S/O THIPPAIAH R/A NO.741, RAGHU KRUPA 7TH CROSS, 8TH MAIN ROAD RPC LAYOUT, BANGALORE-40. …RESPONDENTS (BY SRI.R.S HEGDE., ADVOCATE FOR R1 & R4: SRI. CHITHAPPA, ADVOCATE FOR R3: R2 SERVED V/O DATED: 28.06.2018 R5 SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED: 17.1.2018 PASSED IN PASSED IN OS.NO.2317/2011 ON THE FILE OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU(CCH-36). Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010111542018 NC: 2026:KHC:54027 RFA No. 747 of 2018 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H .T. NARENDRA PRASAD ORAL JUDGMENT 1. Learned counsel for the appellants has filed a memo dated 19.09.2026, seeking leave of this Court to withdraw this appeal as not pressed. 2. Memo is taken on record. 3. Accordingly, the above appeal is dismissed as withdrawn. 4. In view of the above, all pending I.As., if any, are disposed of accordingly. (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 35 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA