- 1 - HC-KAR NC: 2026:KHC:7126 RFA No. 149 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 149 OF 2017 (DEC/INJ) BETWEEN: 1. THE BUILDERS NGV CLUB NATIONAL GAMES VILLAGE K.H.B. KORAMANGALA BENGALURU - 560 047 REP. BY ITS PRESIDENT. 2. THE SECRETARY THE BUILDERS NGV CLUB NATIONAL GAMES VILLAGE K.H.B. KORAMANGALA, BENGALURU - 560 047. …APPELLANTS (BY SRI SUKUMARAN G., ADVOCATE) AND: 1. SRI B. GANESH (P1147) S/O. SRI M. BALKRISHNA AGED ABOUT 46 YEARS R/AT NO.21/3 MAHESHWARA NILAYA 6TH CROSS SRINIVASA TEMPLE ROAD MARUTHI NAGAR, MADIWALA BENGALURU - 560 068. 2. SRI SUDEESH KUMAR NAIK (P1148) S/O. SRI P.P. NARAYAN NAIR AGED ABOUT 43 YEARS R/AT NO.672, 2ND MAIN 4TH CROSS, DOMLUR LAYOUT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7126 RFA No. 149 of 2017 BENGALURU - 560 071. …RESPONDENTS (BY SRI K.S. SHANKARAIAH, ADVOCATE FOR R1 AND R2) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF C.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.12.2016 PASSED IN O.S.NO.4354/2014 ON THE FILE OF XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Learned counsel for respondents is present before the Court. 2. Learned counsel for appellants files a memo seeking withdrawal of this appeal. Memo reads as under: "The Applicants and the respondents prays that, this Hon'ble Court may be pleased to permit to withdraw the above said case as not pressed and withdrawn and the responds under takes that, they will not repeat the incident with in the club premises in future to the appellants in the interest of justice and equity." - 3 - HC-KAR NC: 2026:KHC:7126 RFA No. 149 of 2017 3. Learned counsel for respondents has no objections to withdraw this appeal. Placing the memo on record, the appeal is dismissed as withdrawn. Sd/- (G BASAVARAJA) JUDGE CPN List No.: 2 Sl No.: 2