- 1 - NC: 2025:KHC:18266 RFA No. 1363 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 1363 OF 2023 (PAR/DEC) BETWEEN: SRI. SEETHARAM S/O. LATE RAMAPPA AGED ABOUT 52 YEARS R/AT.NO.16, MESTRYPALYA KORAMANGALA 4TH BLOCK 7TH CROSS, BENGALURU - 560 034 …APPELLANT (BY SRI. GANGADHARAIAH A.N., ADVOCATE) AND: 1. SMT. CHIKKAMUNIYAMMA, W/O LATE YELLAPPA, AGED ABOUT 65 YEARS, 2. SRI. MUNIRAJA, S/O LATE YELLAPPA, AGED ABOUT 38 YEARS, 3. SRI. R KRISHNA, S/O LATE RAMAPPA, AGED ABOUT 62 YEARS, 4. SRI. R RAJAGOPAL, S/O LATE RAMAPPA, AGED ABOUT 45 YEARS, 1 TO 4 ARE RESIDING AT, PANATHUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18266 RFA No. 1363 of 2023 SRI. R KUMAR SINCE DEAD, BY LRS 5. SMT. MANJULA W/O. LATE R KUMAR AGED ABOUT 45 YEARS 6. SRI. CHANDRASHEKAR K S/O. LATE R. KUMAR AGED ABOUT 29 YEARS RESPONDENTS 5 & 6 ARE RESIDING AT: NO.210, 2ND CROSS, A.K. COLONY, BEGUR BENGALURU SOUTH BENGALURU - 560 068. 7. SMT. MUNIRATHNA W/O. V. NAGESH D/O. LATE R KUMAR AGED ABOUT 26 YEARS RESIDING AT: MASTENAHALLI, HENNAGARA POST, JIGANI, BENGALURU - 560 105 8. SMT. LOUISA RODRIGUES, W/O LATE MANUEL RODRIGUES, AGED ABOUT 98 YEARS, RESIDING AT NO.4609, 6TH FLOOR, HIGH POINT IV, 45, PALACE ROAD, BANGALORE - 560 001. THROUGH HER G P A HOLDER SRI R.A. NARASIMHA REDDY. 9. M/S. MANTRI DEVELOPERS PVT. LTD., REP. BY ITS AUTHORISED SIGNATORY, AND GENERAL MANAGER, SRI H.S. GIRISH GUPTA HAVING ITS REGD. OFFICE AT "MANTRI HOUSE", NO.41, VITTAL MALLYA ROAD, BENGALURU - 560 001. - 3 - NC: 2025:KHC:18266 RFA No. 1363 of 2023 10. SRI B.S.N. HARI, AGED ABOUT 60 YEARS, S/O LATE SATYANNA, HAVING OFFICE AT NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BENGALURU - 560 027. 11. SRI D. RAVISHANKAR, AGED ABOUT 60 YEARS, S/O D. KAMESH, HAVING OFFICE AT NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BENGALURU - 560 027. 12. SRI B.N. ADARSH, AGED ABOUT 32 YEARS, S/O B.S.N HARI, HAVING OFFICE AT NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BENGALURU - 560 027. 13. IFCI LTD., IFCI BHAVAN, 4TH FLOOR, 2 CUBBON PET, N.R. SQUARE, BENGALURU, BY ITS ASST. GENERAL MANAGER 14. M/S SUMADHURA BUILD WELL PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT NO.14 & 15, PATTANDURU AGRAHARA VILLAGE, WHITE FIELD, BENGALURU - 560 056, REPRESENTED BY ITS DIRECTOR, MR. G MADHU SUDHAN BY ITS ASST. GENERAL MANAGER …RESPONDENTS (BY SRI. VIJAYA KUMAR K, ADVOCATE FOR R9 TO R12. SRI. BIPIN HEDGE, ADVOCATE FOR R14. SRI. BHARATH KUMAR .V., ADVOCATE FOR R13) - 4 - NC: 2025:KHC:18266 RFA No. 1363 of 2023 THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.03.2023 PASSED IN OS NO. 8188/2011 ON THE FILE OF THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PARTITION AND DECLARATION. THIS RFA, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL JUDGMENT Learned counsel for the appellant submits that the matter has been settled and appellant who is the plaintiff before the Trial Court intends to withdraw the appeal as settled out of Court. He files a memo duly signed by the appellant which reads as under: "In view of the amicable settlement arrived between the appellant and respondents with respect to dispute in this appeal. The appellant is withdrawing the above appeal as settled out of court, in this regard this memo is filed seeking dismissal of the appeal. Wherefore, the appellant respectfully prayed that this Hon'ble Court be pleased to dismiss the above appeal as settled out of court, in the interest of justice and equity. " The appellant is personally present before this Court and identified by the learned counsel for the appellant. - 5 - NC: 2025:KHC:18266 RFA No. 1363 of 2023 Memo taken on record. The appeal is dismissed as withdrawn. In view of disposal of the appeal, pending IAs if any, stands disposed of. SD/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 123