- 1 - HC-KAR NC: 2026:KHC:24312-DB RFA No. 173 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH 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. 173 OF 2023 (DEC/INJ) BETWEEN: SRI. S.K. PARAMESH ADVOCATE AGED ABOUT 61 YEARS R/A NO.3, 6TH CROSS CENTRAL STREET, KUMARA PARK WEST BANGALORE-560020 …APPELLANT (BY SRI. NAIK N.R., ADVOCATE) AND: 1. SRI. K. GURURAJ SINCE DEAD BY LRS SMT. PRAMILA GURURAJ W/O LATE GURURAJ AGED ABOUT 77 YEARS R/A NO.6, 4TH CROSS, VENKATARANGAPURAM PALACE GUTTAHALLI, BANGALORE-560003 2. SMT JAYANTHI SHIVAPRASAD D/O LATE K GURURAJ AGED ABOUT 63 YEARS R/A MAGADI MAIN ROAD, K P AGRAHARA BANGALORE-560023 Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24312-DB RFA No. 173 of 2023 3. SMT G REKHA D/O LATE K GURURAJ AGED ABOUT 60 YEARS R/A NO.16, AMRITHAVARSHINI 2ND CROSS, BANNIMANTAPA A LAYOUT, MYSORE-570015 4. SRI G GOVIND S/O K GURURAJ AGED ABOUT 41 YEARS R/A NO.6, 4TH CROSS, VENKATARANGAPURAM PALACE GUTTAHALLI, BANGALORE-560003 5. SRI KRISHNA DAS VAISHNAVI S/O VAGATARAM JI AGED ABOUT 50 YEARS R/A NO.7/1, IST FLOOR 3RD CROSS, ANCHEPET BANGALORE-560003 6. THE SUB REGISTRAR GANDHINAGAR K G ROAD, BANGALORE-560009 …RESPONDENTS (BY SRI. SOMEGOWDA A N.,ADV. FOR R1, R3 & R4; SRI. P. THEJESH, HCGP FOR R6; V/O DATED 12.09.2024 SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT; V/O DTD 21.11.2024 NOTICE TO R5 IS DESPENSED WITH) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.12.2018 PASSED IN O.S.NO.2510/2012 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION. - 3 - HC-KAR NC: 2026:KHC:24312-DB RFA No. 173 of 2023 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 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 submits that the judgment and decree passed against the appellant while he was judicial custody and ex-parte judgment and decree has been passed the said ex-parte order shall be set aside by filing application before the trail court and no notice is served from the trail court as the appellant was in judicial custody, hence the appellant may be permitted to withdraw the above appeal and liberty may be granted to approach the trail court. At the same time the appellant requesting to refund the court fee paid at the time of filing the above appeal, in the interest of justice and equity." - 4 - HC-KAR NC: 2026:KHC:24312-DB RFA No. 173 of 2023 2. In view of the memo, appeal is dismissed as withdrawn with liberty as sought for. 3. The eligible Court fee shall be refunded to the appellant on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RAK List No.: 4 Sl No.: 11