- 1 - NC: 2025:KHC:3228 RFA No. 1021 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1021 OF 2018 (DEC/INJ) BETWEEN: SRI S.UDAYA KUMAR AGED ABOUT 54 YEARS, S/O. SRI. S.SANJIVAIAH, RESIDING AT: FLAT NO. T-3, III FLOOR, ARJUN ENCLAVE, HULIMAVU, B.G.ROAD, BENGALURU-560 076. …APPELLANT (BY SRI. NAGARAJ., ADVOCATE FOR SRI. C.SHANKAR REDDY., ADVOCATE) AND: 1. SRI V.KRISHNAM RAJU AGED ABOUT 52 YEARS, S/O. LATE. VENKATA RAJU, PROPRIETOR, M/S. ARJUN,, BUILDERS AND DEVELOPERS, NO.45, 5TH TEMPLE ROAD, 13TH CROSS, MALLESWARAM, BENGALURU - 560 003. 2. SRI. SIDDE GOWDA AGED ABOUT 41 YEARS, S/O. SRI. MUNE GOWDA, RESIDING AT: 1014, 9TH FLOOR, "Q" BLOCK, PLATINUM CITY, H.M.T. MAIN ROAD, YESHWANTHAPURA, BENGALURU - 560 022. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3228 RFA No. 1021 of 2018 3. DR. H.S. MADHUKAR S/O. DR. H.N. SUBRAMANYA, AGED ABOUT 42 YEARS, RESIDING AT: NO.156, 8:S9, BHAGAVATHI LAYOUT, HULIMAVU, BANNERGHATTA ROAD, BENGALURU - 560 076. 4. THE CENTRAL BANK OF INDIA, NO.853, 10TH MAIN ROAD, 4TH CROSS, II STAGE, INDIRANAGARA, BENGALURU - 560 038. BY ITS MANAGER. 5. THE AUTHORISED OFFICER, THE CENTRAL BANK OF INDIA, 10TH MAIN ROAD, 4TH CROSS, II STAGE, INDIRANAGARA, BENGALURU - 560 038. …RESPONDENTS (BY SRI. EASHWAR PRASAD.B., ADVOCATE FOR R4 & 5) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE (1) OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Nagaraj., counsel on behalf of Sri.C.Shankar Reddy., for the appellant has appeared in person. Counsel for the appellant submits that a memo for disposal of the appeal has been filed and the same may be - 3 - NC: 2025:KHC:3228 RFA No. 1021 of 2018 placed on record and the appeal may be disposed of in terms of the memo. When queried, counsel for the appellant submits that a conscious decision is taken by the advocate on record and the appellant about the disposal of the appeal in terms of the memo and if an order is passed, they shall not seek for recalling the same or file a review petition. The oral submission made by counsel for the appellant and the memo is placed on record. The Regular First Appeal is disposed of in terms of the memo. The Registry concerned is hereby directed to return the documents by replacing the same with Xerox copies. The Registry concerned is also directed to refund the Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 27