- 1 - HC-KAR NC: 2026:KHC:2410-DB RFA No. 360 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.360 OF 2022 (PAR) BETWEEN: L. USHA DEVI ALIAS USHA HARSHA W/O HARSHA, AGED ABOUT 63 YEARS, NO.42, 4TH CROSS, 10TH MAIN, GURURAJ LAYOUT, BANASHANKARI 3RD STAGE, BANGALORE 560085. "NANDANA", BEHIND HOSAMANE CHURCH SHARAVATHINAGAR, SHIVAMOGGA - 577 201. (ADDRESS AS MENTIONED IN ORIGINAL SUIT NO.23/2013) …APPELLANT (BY SRI. DARSHAN L., ADVOCATE) AND: 1. SMT. L. GOWRAMMA W/O LATE SRINIVASMURTY AGED ABOUT 85 YEARS Digitally signed by BANGALORE ANJANAPPA KRISHNA KUMAR Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2410-DB RFA No. 360 of 2022 R/O S.P.AVENUE, 13TH CROSS MALLESHWARAM, BENGALURU. 2. SMT. L. S. PUSHPA KUMARI ALIAS PUSHPA S. RAO, W/O LATE T. R. SRINIVASA RAO, AGED ABOUT 57 YEARS, NO.1163, 23RD MAIN BANASHANKARI 2ND STAGE, BANGALORE 560070. SMT. L. S. PUSHPA KUMARI ALIAS PUSHPA S. RAO, W/O LATE T. R. SRINIVASA RAO, AGED ABOUT 57 YEARS, R/O 2/11, 2ND FLOOR, JANGPURA-B NEW DELHI - 110 014. (ADDRESS AS MENTIONED IN ORIGINAL SUIT NO.23/2013) 3. SMT. ASHA DEVI VENKATESH W/O PRASANNA VENKATESH, AGED AOUT 51 YEARS, NO.1163, 23RD MAIN, BANASHANKARI , 2ND STAGE, - 3 - HC-KAR NC: 2026:KHC:2410-DB RFA No. 360 of 2022 BANGALORE 560070. 4. L. SHIVASHANKAR S/O LATE L SRINIVASMURTHY, AGED AOUT 63 YEARS, R/O NO.26, S.P.AVENUE, 13TH CROSS, MALLESHWARAM, BANGALORE 560018. 4. L. S. RAMESH S/O LATE L. SRINIVASMUTHY, AGED ABOUT 63 YEARS, NO. 55, ITI LAYOUT, MSR NAGAR, BANGALORE 560018. 5. H. LAKSHMINARAYANA SHASTRY AGED ABOUT 76 YEARS, 6. SATHISH HEDDESE S/O H. LAKSHMINARAYANA SHASTRY AGED ABOUT 47 YEARS, 7. SHUBHA W/O LATE SANTOSH HEDDESE, - 4 - HC-KAR NC: 2026:KHC:2410-DB RFA No. 360 of 2022 AGED ABOUT 40 YEARS, RESPONDENTS 6 TO 8 ARE RESIDENTS OF FLAT NO.14, 11TH MAIN 5TH BLOCK, JAYANAGAR, BENGALURU - 560011. …RESPONDENTS (V/O DTD 02.08.2024, APPEAL AGAINST R1 DISMISSED) THIS RFA IS FILED UNDER SECTION 96 OF CPC. 1908, AGAINST THE JUDGMENT AND DECREE DATED 28.02.2020 PASSED IN OS.No.23/2013 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC-A1, , THIRTHAHALLI, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR NC: 2026:KHC:2410-DB RFA No. 360 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The appellant above named most respectfully submits that the above Regular First Appeal is pending before this Hon'ble Court. That during the pendency of the appeal the Appellant and the Respondents have intending to settle the dispute out of the Court. That in the view of the said settlement the Appellant wish not to proceed the further proceedings in the present appeal and seek permission of this Hon'ble Court to withdraw the same. WHEREFORE, the appellant humbly pray that this Hon'ble court may be pleased to permit the Appellant to withdraw the above Regular First Appeal in the view of the settlement arrived at between the parties, and pass such other orders as this Court deems fit in the interest of justice and equity." - 6 - HC-KAR NC: 2026:KHC:2410-DB RFA No. 360 of 2022 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 4 Sl No.: 9