- 1 - NC: 2025:KHC:7660-DB RFA No. 1054 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.1054 OF 2019 (MON) BETWEEN: SMT. SHIVAMMA W/O. M. S. POTHARAJ AGED ABOUT 45 YEARS WORKING AS ACCOUNTANT IN THE MYSORE CITY CO-OPERATIVE HOUSING SOCIETY LTD., CHAMARAJA DOUBLE ROAD, 100 FEET ROAD MYSORE - 570 024. …APPELLANT (BY SMT. MOHANA KUMARI, ADVOCATE, FOR, SRI ABUBACKER SHAFI, ADVOCATE) AND: 1. SRI B. T. JAYASHANKAR S/O. LATE B. S. THANDAVAMUR (SINCE DEAD BY HIS LRS) 1(A) SMT. REKHA W/O. LATE B. T. JAYASHANKAR AGED ABOUT 67 YEARS 1(B) SMT. JYOTHILAKSHMI D/O. LATE B. T. JAYASHANKAR AGED ABOUT 42 YEARS 1(C) SRI ATHRESH S/O. LATE B. T. JAYASHANKAR Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7660-DB RFA No. 1054 of 2019 ALL ARE RESIDING AT DOOR NO.704, 12TH MAIN, 12TH CROSS T. K. LAYOUT, SARASWATHIPURAM MYSURU - 570 009. 2. SRI M. S. POTHARAJU S/O. LATE SHIVARAJU AGED ABOUT 55 YEARS R/AT NO.35, I FLOOR SIDDESHWARA NILAYA IV MAIN, SUBHASHNAGAR MYSURU - 570 007. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULES 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.12.2018 PASSED IN O.S.NO.730/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., MYSURU, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: [ CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is filed by the appellant against the judgment and decree dated 19.12.2018 passed by the Principal Senior Civil Judge, Mysuru in O.S.No.730/2013. 2. Learned counsel for the appellant is seeking for intervention to consider the grounds urged in this appeal and - 3 - NC: 2025:KHC:7660-DB RFA No. 1054 of 2019 set aside the aforesaid judgment and decree passed by the Court below. 3. Smt. Mohana Kumari, representing Sri. Abhubacker Shafi, learned counsel appearing for the appellant is present before the Court physically and she pressed into service to consider the memo for settlement dated 13.02.2025 filed by learned counsel for the appellant. 4. It is relevant to refer to the memo of settlement, which reads as under: "The undersigned Counsel submits and prays that, the parties to the LIS with due deliberations have settled their dispute out of court and would not pursue the matter further. Hence, it is urged before this Hon'ble Court that the matter is settled out of court and accordingly may be disposed of in the best interest of justice and equity." 5. The said memo is taken on record. 6. I.A.No.1/2019 is filed seeking condonation of delay of 12 days in filing the appeal. 7. Consequence upon filing memo for settlement, there is no consequence to consider the application. But, in the interest of justice, this application has to be taken on record - 4 - NC: 2025:KHC:7660-DB RFA No. 1054 of 2019 and condone the delay of 12 days as sought for. Accordingly, I.A.No.1/2019 is allowed. 8. Keeping in view the aforesaid memo, it is deemed appropriate that this appeal stands dismissed in terms of memo for settlement. 9. Consequence upon dismissal of this appeal, any pending applications also stand dismissed. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 3