- 1 - HC-KAR NC: 2025:KHC:24223 RSA No. 369 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 369 OF 2020 (SP) BETWEEN: 1. MOHAMMED ANSAR AGED ABOUT 53 YEARS, S/O MOHAMMED MOHEED RESIDENT OF CHIKKUNNALA VILLAGE, KADABA HOBLI GUBBI TALUK, TUMAKURU DISTRICT, PIN-572 216. 2. MOHBOOBI, AGED ABOUT 43 YEARS, W/O MOHAMMED ANSAR, RESIDENT OF CHIKKUNNALA VILLAGE, KADABA HOBLI GUBBI TALUK, TUMAKURU DISTRICT, PIN-572 216. 3. SAMAYASULTHANA AGED ABOUT 25 YEARS D/O MOHAMMED ANSAR RESIDENT OF CHIKKUNNALA VILLAGE, KADABA HOBLI GUBBI TALUK, TUMAKURU DISTRICT, PIN-572 216. 4. SATIYASULTHANA AGED ABOUT 19 YEARS, D/O MOHAMMED ANSAR RESIDENT OF CHIKKUNNALA VILLAGE, KADABA HOBLI GUBBI TALUK, TUMAKURU DISTRICT, PIN-572 216. 5. ANUSASULTHANA AGED ABOUT 16 YEARS, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24223 RSA No. 369 of 2020 D/O MOHAMMED ANSAR RESIDENT OF CHIKKUNNALA VILLAGE, KADABA HOBLI GUBBI TALUK, TUMAKURU DISTRICT, PIN-572 216. …APPELLANTS (BY SRI. VIJAYAKUMARA ADV AND SRI.NANJAPPA KALEGOWDA, ADVOCATE) AND: 1. NAGARAJU AGED 53 YEARS, S/O LATE MALUVALLIAH, R/O VARADANAHALLI VILLAGE, GULUR HOBLI TUMKUR TALUK, TUMKUR DISTRICT, PIN-572 101. …RESPONDENT (BY SRI.S.NAGARAJA AND SRI.V.SIDDESH., ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.10.2019 PASSED IN RA NO 86/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, TUMAKURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.01.2019 PASSED IN OS.NO.1/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE GUBBI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Appellant No.1 is present. He is identified by his counsel. 2. The appellants filed a memo, on behalf of the other appellants, praying to dismiss the appeal, as withdrawn. - 3 - HC-KAR NC: 2025:KHC:24223 RSA No. 369 of 2020 3. It is stated that as the parties are settled the dispute out of the court, due to the intervention of the friends and well wishers. It is stated that the appellants were directed to deposit a sum of Rs.15,00,000/- vide order dated 08.02.2022. As per the order, the appellants have deposited a sum of Rs.5,00,000/- through demand draft bearing No.174322 dated 15.02.2022 and Rs. 7,00,000/- through demand draft bearing No.180739 dated 25.03.2022 and Rs.3,00,000/- through demand draft bearing No.810805 dated 17.04.2025 and all the said Demand drafts were drawn in favour of the Karnataka Bank Ltd., Civil Court Branch, Bengaluru which is deposited before this Court. 4. In view of the settlement between the parties, it is stated that the appellants may be permitted to withdraw the appeal and order to return the entire amount of Rs.15,00,000/- with accrued interest from the date of deposit till its realisation. 5. The memo is placed on record. 6. The appeal is dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC:24223 RSA No. 369 of 2020 7. The office is directed to return the entire amount of Rs.15,00,000/- with accrued interest in favour of the 1st appellant after obtaining no objections from the other appellants. 8. In view of the dismissal of the appeal, pending IA's if any does not survive for consideration. Accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 2 Sl No.: 34