- 1 - NC: 2025:KHC:17161-DB RFA No. 1998 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 1998 OF 2021 BETWEEN: 1. K.E. SHEKARAPPA S/O ESHWARAPPA AGED ABOUT 61 YEARS 2. D C VEENA W/O K E SHEKARAPPA AGED ABOUT 49 YEARS BOTH ARE R/OF BYRASIDDESHWARA NILAYA 2ND CROSS, C BLOCK SHARAVATHINAGARA SHIVAMOGGA CITY 577201. …APPELLANTS (BY SRI. P N HARISH - ADVOCATE) AND: 1. B. VEERAIAH S/O BASAVAIAH AGED ABOUT 67 YEARS R/O BASAVESHWARA BADAVANE MALEBENNUR-577530 HARIHARA TALUK DAVANAGERE DISTRICT-577530. 2. NAGARAJ VARNEKAR S/O MADHUKAR VARNEKAR AGED ABOUT 45 YEARS Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17161-DB RFA No. 1998 of 2021 R/O DESHPANDE GALLI NEAR JUMMA MASJID MALEBENNUR-577530 HARIHARA TALUK DAVANAGERE DISTRICT-577530. 3. THE BRANCH MANAGER LAKSHMI VILAS BANK, KARTIK PLAZA, DURGIGUDI SHIVAMOGGA CITY-577201. …RESPONDENTS (BY SRI. V B SIDDARAMAIAH – ADVOCATE FOR RESPONDENTS NO.1 & 2) THIS RFA FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 04.08.2021 PASSED IN OS No.21/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA AND THEREBY DISMISS THE SUIT IN O.S.21/2018. THIS RFA, COMING ON FOR ORDERS, 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 Prl.Senior Civil Judge and CJM, Shivamogga in O.S.No.21/2018 dated 04.08.2021. - 3 - NC: 2025:KHC:17161-DB RFA No. 1998 of 2021 2. Learned counsel Sri P.N.Harish for the appellants is present before the Court physically inclusive of learned counsel Sri V.B.Siddaramaiah for Respondent Nos.1 and 2. 3. Learned counsel for the appellants files a memo seeking withdrawal of the appeal. It is stated in the memo that Court fee paid may be ordered to be refunded to the bank account of appellant No.1 namely Sri K.E.Shekarappa. 4. The memo is taken on record. The appeal is dismissed as withdrawn. Registry is directed to refund the Court fee paid to the bank account of appellant No.1 – K.E.Shekarappa, on due identification. 5. In view of disposal of the appeal, the memo filed by counsel for respondent Nos.1 and 2 for release of amount in deposit does not survive for consideration. Accordingly, made an observation. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB