- 1 - HC-KAR NC: 2026:KHC:11288 RFA No. 2085 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO.2085 OF 2023 (RES) BETWEEN: SRI.SURENDRAN R AGED ABOUT 43 YEARS S/O LATE G.RAJANNA R/AT NO.51, GROUND FLOOR PRAKRUTHI LAYOUT, 5TH CROSS HENNUR KALYAN NAGAR BENGALURU - 560 043 PRESENTLY RESIDING AT NO.2, 7TH CROSS PRAKRUTHI LAYOUT HENNUR BENGALURU - 560 043 …APPELLANT (BY SRI.SHIVAKUMAR D A, ADVOCATE) AND: SRI.THOMAS K.JOSEPH AGED ABOUT 69 YEARS S/O LATE GEORGE JOSEPH R/AT FLAT NO.103 CHINAR RESIDENCY 152/2/2, WHEELER ROAD FRAZER TOWN BENGALURU - 560 076 …RESPONDENT (BY SRI.VIGNANANDHA C AND SRI.B.DINESH, ADVOCATES FOR C/RESPONDENT) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11288 RFA No. 2085 of 2023 THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.03.2023 PASSED IN O.S.NO.4460/2017 ON THE FILE OF XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGLORE CITY., DECREEING THE SUIT FOR MESNE PROFIT AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 24.02.2026 seeking permission of this Court to withdraw the appeal. 2. The said memo is taken on record. 3. In view of the above said memo, the appeal is dismissed as withdrawn. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 6