- 1 - HC-KAR NC: 2025:KHC:21427 RFA No. 793 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 793 OF 2019 (SP) BETWEEN: MR. GHOUSEULLA SHARIFF S/O LATE HUSSAIN SHERIFF, AGED ABOUT 55 YEARS, RESIDING AT NO.8 AND 9, 1ST CROSS, TIPPUNAGAR, CHAMRAJPET, BANGALORE-5600 18. …APPELLANT (BY SRI. BABU.M., ADVOCATE) AND: 1. SMT. MAHABOOBA BI W/O LATE HUSSAIN SHARIFF, AGED ABOUT 88 YEARS, R/O # 1/2, GROUND FLOOR, AREKEMPANAHALLI, OPP. 9TH CROSS, WILSON GARDEN, HOSUR ROAD, BANGALORE. ALSO RESIDING AT RAYAPALLI VILLAGE, SANDARHALLI POST, CHINTAMANI, CHIKKABALLAPURA DISTRICT, SINCE DECEASED REPTD. BY HER LR'S. MR.RAHAMATHULLA SHARIFF, S/O LATE HUSSAIN SHERIFF, AGED ABOUT 74 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21427 RFA No. 793 of 2019 RESIDING AT NO-321, 3RD CROSS, SIRSI ROAD, BANGALORE-560 018. 2. MR. SAMEEULLA SHARIFF S/O LATE HUSSAIN SHERIFF, AGED ABOUT 68 YEARS, RESIDING AT NO-10, 1ST CROSS, TIPPUNAGAR, CHAMRAJPET, BANGALORE-560 018. 3. MR. SANAULLA SHARIFF S/O LATE HUSSAIN SHERIFF, AGED ABOUT 68 YEARS, RESIDING AT NO.537, ANANDAPURAM, MYSORE ROAD, BANGALORE-560 002. 4. MR.ATTHAULLA SHARIFF S/O LATE HUSSAIN SHERIFF, AGED ABOUT 68 YEARS, RESIDING AT NO.228, 2ND CROSS, TIPPU NAGAR, CHAMRAJPET, BANGALORE-5600 18. 5. MR.INAYATULLA SHARIFF S/O LATE HUSSAIN SHERIFF, AGED ABOUT 50 YEARS, RESIDING AT NO.293, 1ST CROSS, TIPPU NAGAR, CHAMRAJPET, BANGALORE-560 018. 6. MRS. NOORJAN D/O LATE HUSSAIN SHARIFF & MAHABBOB BI, W/O LATE MOHAMMED IQBAL, - 3 - HC-KAR NC: 2025:KHC:21427 RFA No. 793 of 2019 AGED ABOUT 62 YEARS, R/O NO-10, VIRAT NAGAR, BOMMANAHALLI, BANGALORE-560 068. 7. MRS. SHAHEEN TAJ W/O ABDUL RAHEEM, AGED ABOUT 54 YEARS, RESIDING AT NO-9, 1ST CROSS, TIPPU NAGAR, CHAMRAJPET, BENGALORE-560 018. 8. MRS. MUBEEN TAJ W/O JOHAR PASHA, AGED ABOUT 50 YEARS, RESIDING AT NO.3338, CHURCH ROAD, RAMANAGARA, RAMANAGARA TOWN, RAMANAGARA DISTRICT-571 511. …RESPONDENTS (BY SRI. PRANAV., ADVOCATE FOR SRI. B.R.VISHWANATH., ADVOCATE FOR R1, 2, 4, TO 8; R3-SERVED AND UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 CPC AND ORDER 41 RULE 1 AND 2 OF CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Babu.M., counsel for the appellant and Sri.Pravan., counsel on behalf of Sri.B.R.Viswanath., for respondents 1, 2, 4 to 8 have appeared in person. - 4 - HC-KAR NC: 2025:KHC:21427 RFA No. 793 of 2019 Counsel for the appellant submits that a memo has been filed stating that the parties have settled the dispute out of Court. Hence, the appellant do not wish to prosecute the appeal. Counsel therefore, submits that the memo may be placed on record and the appeal may be dismissed as withdrawn. When queried, counsel for the appellant submits that a conscious decision is taken about withdrawal of the appeal. Counsel Sri.Pranav., acknowledges the said submission. The oral submission made by counsel for the respective parties and the memo is placed on record. The Regular First Appeal is dismissed as withdrawn. Because the matter is settled out of Court, the Registry concerned is hereby directed to refund the admissible Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958 to the appellant. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 38