- 1 - HC-KAR NC: 2025:KHC:26401 MSA No. 58 of 2019 C/W RSA No. 1545 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH MISCELLANEOUS SECOND APPEAL NO.58 OF 2019 (RO) C/W REGULAR SECOND APPEAL NO.1545 OF 2019 IN MSA NO.58/2019: BETWEEN: 1. SRI. NARAYANA S/O. VENKATRAMANA BHAT AGED ABOUT 51 YEARS 2. SRI. SHASHIDARA S/O. VENKATRAMANA BHAT AGED ABOUT 49 YEARS 3. SRI. UDAYAKUMAR S/O. VENKATRAMANA BHAT AGED ABOUT 47 YEARS ALL ARE RESIDING AT VADYADAGAYA, PERNE VILLAGE AND POST, BANTWAL TALUK, D.K. DISTRICT - 574 325. …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. SRI. RAMAKRISHNA BHAT S/O. LATE VENKATRAMANA BHAT AGED ABOUT 65 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26401 MSA No. 58 of 2019 C/W RSA No. 1545 of 2019 RESIDING AT VADYADAGAYA PERNE VILLAGE AND POST BANTWAL TALUK D.K. DISTRICT - 574 325. …RESPONDENT (BY SRI. M. VISHWAJITH RAI, ADVOCATE) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.04.2019 PASSED IN R.A.NO.49/2010 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANGALURU, PARTLY ALLOWING APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 24.02.2010 PASSED IN O.S.NO.85/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC, BANTWAL, REMANDING BACK TO THE TRIAL COURT WITH A DIRECTION. IN RSA NO.1545/2019: BETWEEN: 1. SRI. RAMAKRISHNA BHAT S/O. LATE VENKATRAMANA BHAT AGED ABOUT 65 YEARS R/AT VADYADAGAYA PERNE VILLAGE AND POST BANTWAL TALUK D.K. DISTRICT-574 325. ...APPELLANT (BY SRI. VISHWAJITH RAI M., ADVOCATE) AND: 1. SMT. KAMALA AGED ABOUT 79 YEARS 2. SRI. NARAYANA AGED ABOUT 51 YEARS,. - 3 - HC-KAR NC: 2025:KHC:26401 MSA No. 58 of 2019 C/W RSA No. 1545 of 2019 3. SRI. SHASHIDARA AGED ABOUT 49 YEARS, 4. SRI. UDAYAKUMAR AGED ABOUT 47 YEARS, WIFE AND CHILDREN OF VENKATRAMANA BHAT, R/AT VADYADAGAYA, PERNE VILLAGE AND POST BANTWAL TALUK, D.K. DISTRICT-574325. ...RESPONDENTS (BY SRI. G.RAVISHANKAR SHASTRY, ADVOCATE FOR R2 TO R4; R1 IS DEAD) THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 20.04.2019 PASSED IN R.A.NO.49/2010, ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 24.02.2010 PASSED IN O.S.NO.85/2007 ON THE FILE OF THE CIVIL JUDGE [SR.DN.] AND JMFC, BANTWAL, D.K. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Both the counsels are present before the Court and submits that in view of the settlement arrived between the parties, memo dated 02.06.2025 and 14.07.2025 are filed and also an affidavit is filed in support of the memo and in view of the same, permitted to withdraw the suit in - 4 - HC-KAR NC: 2025:KHC:26401 MSA No. 58 of 2019 C/W RSA No. 1545 of 2019 O.S.No.85/2007 on file of Civil Judge, Bantwala. Memo is accepted. 2. The counsel for the appellant submits that in view of the settlement and withdrawal of suit, these appeals do not survive for consideration. Hence, both M.S.A.No.58/2019 and R.S.A.No.1545/2019 consequent upon the memo permitted to withdraw. Accordingly, both appeals are dismissed as withdrawn in view of the memo. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 38