- 1 - NC: 2025:KHC:1596-DB RFA No. 1637 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 1637 OF 2019 (MON) BETWEEN: 1. 1(a) MR. UMESH PAI S/O P KESHAV PAI AGED ABOUT 75 YEARS R/A MELKAR ROAD N H PANEMANGALORE BANTWAL TALUK SINCE DEAD, REP. BY HIS LR GOUTHAM PAI S/O LATE UMESH PAI AGED ABOUT 38 YEARS R/AT NO.3/25A, N.H. 48 ROAD PANEMANGALORE D.K. DISTRICT – 574231. …APPELLANT (BY SRI. G BALAKRISHNA SHASTRY - ADVOCATE) AND: 1. SRI. BASTY NARAYANA SHANHOGUE (SINCE DEAD) SMT. BASTY LALITHA SHENOY W/O LATE BASTY NARAYANA SHENOY AGED ABOUT 81 YEARS R/A D.NO.3/32/2731/2 ”LALITH NARAYANA”, PINTO’S LANE Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:1596-DB RFA No. 1637 of 2019 BEJAI, KODLIYALBAIL VILLAGE MANGALORE-575004 REPT. BY GPA HOLDERS (1) SMT B. SHEELA SHENOY W/O BASTY SUDHIR SHENOY & 2) SMT B SARASWATHI SHENOY W/O BASTY SUDHIR SHENOY BOTH ARE RESIDING ALONG WITH HER IN THE ABOVE ADDRESS. SINCE RESPONDENT NO.1 DECEASED RESPONDENTS NO.2 TO 4 ARE CONSIDERED AS LRs OF DECEASED RESPONDENT NO.1 AS PER THIS HON’BLE COURT ORDER DATED 31.01.2024. 2. BASTY SUDIR SHENOY S/O LATE BASTY NARAYANA SHENOY AGED ABOUT 64 YEARS R/A D.NO.3/32/2731/2 LALITH NARAYAN, PINTO’S LANE BEJAI, KODLIYALBAIL VILLAGE MANGALORE-575004 REPRESENTED BY GPA HOLDER SMT B SHEELA SHENOY W/O BASTY SUDHIR SHENOY. 3. BASTY SUNIL SHENOY S/O LATE BASTY NARAYANA SHENOY AGED ABOUT 61 YEARS R/A D.NO.3/32/2731/2 LALITH NARAYAN, PINTO’S LANE BEJAI, KODLIYALBAIL VILLAGE MANGALORE-575004 - 3 - NC: 2025:KHC:1596-DB RFA No. 1637 of 2019 REPRESENTED BY GPA HOLDER SMT B SARASWATHI SHENOY W/O BASTY SUDHIR SHENOY. 4. SMT SABITHA SHENOY PAI D/O LATE BASTY NARAYANA SHENOY W/O PRASAN KOCHIKAR PAI AGED ABOUT 57 YEARS R/A 28441, FIELDBROOK MISSION VIEJO, CA 92692 AND ALSO AT D.NO.3/32/2731/2 LALITH NARAYAN, PINTO’S LANE BEJAI, KODIYALBAIL VILLAGE MANGALORE-575004 REP BY GPA HOLDERS 1) SMT B SHEELA SHENOY W/O BASTY SUDHIR SHENOY & 2) SMT B SARASWATHI SHENOY W/O BASTY SUDHIR SHENOY GPA HOLDERS R/AT D.NO.3/32/2731/2 LALITH NARAYAN, PINTO’S LANE BEJAI, KODIYALBAIL VILLAGE MANGALORE-575004 DISTRICT DAKSHINA KANNADA. …RESPONDENTS (BY SRI. M SUDHAKAR PAI - ADVOCATE) THIS RFA FILED UNDER SEC.96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 27.04.2019 PASSED IN OS.NO.23/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., BANTWAL, D.K, BE DISMISSED AND COUNTER CLAIM BE ALLOWED. - 4 - NC: 2025:KHC:1596-DB RFA No. 1637 of 2019 THIS RFA, COMING ON FOR ADMISSION, 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 directed against the judgment and decree rendered by the Court below in O.S.No.23/2012 dated 27.04.2019 by urging various grounds. 2. Learned counsel Sri G.Balakrishna Shastry for LRs of deceased appellant is present before the Court physically inclusive of learned counsel Sri M.Sudhakar Pai for respondents. 3. Counsel for the parties have filed a joint memo stating that the dispute between the appellant and the respondents has been amicably settled out of Court by way of compromise. 4. The joint memo is taken on record. Consequently, the appeal is disposed of in terms of joint memo. - 5 - NC: 2025:KHC:1596-DB RFA No. 1637 of 2019 5. Registry is directed to refund the Court fee to the appellant on due identification. 6. Consequence upon disposal of appeal, pending applications, if any stands disposed of. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB