- 1 - HC-KAR NC: 2026:KHC:23215-DB RFA No. 623 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 623 OF 2024 (DEC/POS) BETWEEN: 1. SRI ANEES AHMED V R S/O LATE ABDUL GAFUR, AGED ABOUT 64 YEARS, R/AT NO.12/1, L NO. 10TH STREET, OLD MARKET ROAD, IST CROSS, SHIVAJINAGAR, BENGALURU-560001 2. SRI. SHANKAR S/O SUBRAMANI, AGED ABOUT 47 YEARS, R/AT PONNUSWAMY FARM, CHIKKABALLANDUR, CARMELARAM POST, BENGALURU-560035 …APPELLANTS (BY SRI. SHASHIDHAR BELAGUMBA, ADVOCATE) Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23215-DB RFA No. 623 of 2024 AND: 1. SMT NAMRUTHA SREE W/O LATE B M VIRUPAKSHA, AGED ABOUT 52 YEARS, R/AT NO.23, 2ND STREET, SIVAN CHETTY GARDEN, BENGALURU-560042 …RESPONDENT (BY SRI. SUNIL KUMAR H., ADVOCATE) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 14.12.2023 PASSED IN OS NO.4469/2017 ON THE FILE OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH No.2)., PARTLY DECREEING THE SUIT FOR DECLARATION AND POSSESSION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:23215-DB RFA No. 623 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) After arguing the matter, the learned counsel appearing for the appellants submits that a writ petition has been filed and that the execution proceedings are pending in the matter. 2. In the above view of the matter, the appeal is dismissed as withdrawn without prejudice to the contentions of the appellants in any other pending proceedings. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RAK List No.: 1 Sl No.: 5