- 1 - NC: 2025:KHC:10064 MFA No. 6054 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6054 OF 2023 (CPC) BETWEEN: 1. SRI. RAJIV KUMAR S/O. ARUM KUMAR MALHOTRA, AGED ABOUT 46 YEARS, R/AT NO. 126/A, 17TH C MAIN, SECTOR-3, HSR LAYOUT, BENGALURU - 560 102. 2. SRI. ADINARAYANA. N S/O. SRI. CHIKKANARASIMHAPPA, AGED ABOUT 44 YEARS, RESIDING AT NO.1293, RAJANNA GARDEN, VIRUPAKSHAPURA, VIDYARANYAPURA POST, BENGALURU – 560 097. …APPELLANTS (BY SRI. CHOWDAREDDY T. M., ADVOCATE) AND: 1. SMT. VIJAYALAKSHMI SRINIVASAN D/O. LATE V. KAMALAMMA AND LATE V. Y. SAMPATH IYENGAR, AGED ABOUT 72 YEARS, R/AT NO. C-401, STERLING TERRACE, 100 FEET RING ROAD, BANASHANKARI III STAGE, BENGALURU-560085. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10064 MFA No. 6054 of 2023 2. SMT. MYTHILY D/O. LATE V. KAMALAMMA AND LATE V. Y. SAMPATH IYENGAR, AGED ABOUT 60 YEARS, R/AT NO. 244, SHARADA COLONY, BASAVESHWARA NAGAR, BENGALURU-560 079. …RESPONDENTS (BY SRI. SANGAMESH R B, ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 05.08.2023 PASSED ON I.A. NO.1 IN O.S.NO.4897/2022 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO. 3), DISMISSING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appellant/plaintiff No.2 – Sri.Adinarayana N. is present before the Court and he is also representing plaintiff No.1 being her General Power of Attorney Holder. 2. The husband of respondent No.1/defendant No.1 is present being her General Power of Attorney - 3 - NC: 2025:KHC:10064 MFA No. 6054 of 2023 Holder and respondent No.2/defendant No.2 is also present before the Court. 3. Both the appellants/plaintiffs and the respondents/ defendants have filed a Joint Memo for Withdrawal of the appeal. Same is placed on record. 4. Upon enquiring the plaintiffs and defendants above stated both have stated that they have settled the matter out of Court with their own will and wish without there being any coercion or influence by anybody. Accordingly, both the parties have settled the matter and have requested to dismiss the appeal as withdrawn. 5. This Court on 14.03.2024 had directed the appellants to deposit a sum of Rs.1,20,00,000/- (Rupees One Crore Twenty Lakhs only) before the trial court. It is stated that appellants/plaintiffs have deposited a sum of Rs.1,20,00,000/- (Rupees One Crore Twenty Lakhs only) before the trial court. The respondents/defendants have - 4 - NC: 2025:KHC:10064 MFA No. 6054 of 2023 no objection to refund the said amount to appellant No.2/plaintiff No.2/Sri.Adinarayana. 6. In view of the settlement arrived at between the parties, as stated in the joint memo, the appeal is disposed off. 7. The appellant No.2/plaintiff No.2 is permitted to withdraw the amount deposited above stated before the trial court with proper identification subsequent to settlement arrived at in O.S.No.4879/2022. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 23