- 1 - NC: 2025:KHC:18114 RSA No. 982 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 982 OF 2024 (SP) BETWEEN: 1. SRI SUBRAYAPPA S/O. HUCHARAYAPPA, AGED ABOUT 64 YEARS, R/O. HAKREKOPPA VILLAGE, ULLURU POST, KASABA HOBLI, SAGAR TALUK, SHIVAMOGGA DISTRICT-577 401. …APPELLANT (BY SRI. VISHWANATH R HEGDE.,ADVOCATE) AND: 1. M. H. BASAVARAJAPPA S/O. M. C. HALAPPA GOWDA, AGED ABOUT 78 YEARS, R/O. SARAGUNDA VILLAGE, ANANDAPURAM HOBLI, SAGAR TALUK-577 401. …RESPONDENT (BY SRI.HARISH KUMAR.M.S.,ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18114 RSA No. 982 of 2024 THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 21.03.2024. PASSED IN RA NO. 8/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.02.2022 PASSED IN OS NO. 18/2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SAGAR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Both the parties have filed a joint memo which reads as under: "The appellant submits that, the above appeal has been filed challenging the judgement and decree dated 21-03-2024 in RA No 08/2022 passed by the Addl Senior Civil Judge and JMFC at Sagar and the Judgement and decree dated 21-02-2022 in O.S.No 18/2016 passed by the Court of the Prl. Civil Judge and JMFC at Sagar The respondent has filed Execution Petition in Ex. No. 46/2022 before the Trial Court In view of the intervention of friends and well- wishers, the appellant has agreed to settle the - 3 - NC: 2025:KHC:18114 RSA No. 982 of 2024 claim of the respondent by payment of a total sum of Rs.4,10,000/- in full and final settlement of the judgement and decree dated 21-02-2022 in OS No.18/2016. Out of the said sum, an amount of Rs.2,00,000/- has been paid by the appellant in favour of the respondent on 05-04- 2025. The appellant has agreed to pay the balance amount of Rs.2,10,000/-on or before 05- 06-2025. The parties have filed a Memo to the said effect in the case Ex.No 46/2022 before the Trial Court and the trial Court has accepted the Memo filed by the parties and recorded the same Certified copies of the Memo and the order sheet in Ex No.46/2022 are enclosed for the kind perusal of this Hon'ble Court In view of the amicable settlement of the dispute between the parties out of Court, the appellant prays that this Hon'ble Court may be pleased to dismiss the above appeal as withdrawn and also direct refund of permissible Court fee paid on the above appeal in favour of the appellant, in the interest of justice." 2. The said joint memo is enclosed with the memo signed by the appellant. From the perusal of the joint memo, in view of the intervention of the well wishers of the appellant, and respondent, the parties have settled the dispute, and accordingly, prays to dispose of, the appeal, in terms of the joint memo. 3. The Joint memo is placed on record. - 4 - NC: 2025:KHC:18114 RSA No. 982 of 2024 4. The appeal is disposed of, in terms of the joint memo. 5. The office is directed to refund the Court fee as per Section 66 of the Karnataka Court Fee and Suit Valuation Act, 1958, in favour of the appellant. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 6