- 1 - NC: 2025:KHC:7227-DB R.F.A. No.1556/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1556/2015 (DEC/INJ) BETWEEN: 1. SRI. JAGMOHANLAL MAHESHWARI S/O LATE NATHMAL AGED ABOUT 76 YEARS. 2. SRI. ANURAG MAHESHWARI S/O JAGMOHANLAL MAHESHWARI AGED ABOUT 41 YEARS REPTD. BY HIS GPA HOLDER SRI. JAGMOHANLAL MAHESHWARI 3. SMT. SUDHA MAHESHWARI W/O JAGMOHANLAL MAHESHWARI AGED ABOUT 71 YEARS. ALL ARE R/AT. FLAT NO.310 THE RESIDESNCES COMPLEX NO.6/1, BENSON CROSS ROAD BENSON TOWN BENGALURU-560046. …APPELLANTS (BY SRI. C.S. PRAKASH, ADV.,) AND: 1. SRI. N.B. VENKATARAMANAPPA S/O LATE BELLIYAPPA Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7227-DB R.F.A. No.1556/2015 AGED ABOUT 84 YEARS. 2. SRI. N.V. PRABHAKAR S/O N.B. VENKATARAMANAPPA AGED ABOUT 54 YEARS. 3. SMT. N.V. NALINI KUMARI D/O N.B. VENKATARAMANAPPA AGED ABOUT 51 YEARS. 4. SRI. N.V HARI S/O N.B. VENKATARAMANAPPA AGED ABOUT 47 YEARS. 5. SMT. N.V. PUSHPA D/O N.B. VENKATARAMANAPPA AGED ABOUT 43 YEARS. 6. MRS. N.V. LALITHA D/O N.B. VENKATARAMANAPPA AGED ABOUT 40 YEARS. 7. SRI. N.V. SRINIVAS MURTHY S/O N.B. VENKATARAMANAPPA AGED ABOUT 38 YEARS. 8. MRS. N.V. BHARATHI D/O N.B. VENKATARAMANAPPA AGED ABOUT 32 YEARS. 9. SRI. N.V. RAJU S/O N.B. VENKATARAMANAPPA AGED ABOUT 35 YEARS. 10. SRI. N.B. MUNIRAMAIAH S/O LATE BELLIYAPPA AGED ABOUT 76 YEARS. 11. SRI. M. CHANDRASHEKAR S/O MUNIRAMAIAH AGED ABOUT 45 YEARS - 3 - NC: 2025:KHC:7227-DB R.F.A. No.1556/2015 12. SMT. M. RAMA DEVI D/O N.V. MUNIRAMAIAH AGED ABOUT 32 YEARS. 13. SRI. B. LAKSHMAIAH S/O LATE BELLIYAPPA AGED ABOUT 67 YEARS. 14. SMT. BHUVANESHWARI D/O SRI. B. LAKSHMAIAH AGED ABOUT 31 YEARS. 15. SRI. VIJAY KUMAR S/O SRI. B. LAKSHMAIAH AGED ABOUT 29 YEARS. 16. KUM. KALYANI D/O B. LAKSHMAIAH AGED ABOUT 28 YEARS. RESPONDENT NOS.1 TO 16 ARE R/AT NALLURAHALLI K.R. PURAM HOBLI BENGALURU SOUTH TALUK-560036. 17. SRI. SYED JAVID AHEMD S/O LATE S.A. KHAYAUM AGED ABOUT 47 YEARS R/AT NO.9, HAYES ROAD CROSS RICHMOND TOWN BENGALURLU-560025. 18. SRI. SYED FAREED AHMED S/O LATE S.A. KHAYAUM AGED ABOUT 41 YEARS R/AT NO.9, HAYES ROAD CROSS RICHMOND TOWN BENGALURLU-560025. 19. SAIDAM SREENIVASALU S/O LATE VENKATARAMANAPPA AGED ABOUT 44 YEARS - 4 - NC: 2025:KHC:7227-DB R.F.A. No.1556/2015 R/AT NO.6, 1ST CROSS BHAKTAMARKHANDE LAYOUT BENGALURU-560026. …RESPONDENTS (BY SRI. R. CHANDRA SHEKAR, ADV., FOR R19 RESPONDENTS 2, 4, 7 TO 11, 13 & 15 ARE SERVED) THIS RFA IS FILED UNDER SEC.96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 12.06.2015 IN O.S.NO.321/2011 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE BANGALORE RURAL DISTRICT AND TO ALLOW THIS APPEAL AND TO GRANT SUCH OTHER SUITABLE RELIEFS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal. 2. Memo reads as under: " The advocate for the appellants states as follows below: 1. The above appeal has been settled between the appellants and the respondents and both the parties are aged above 87 years and are not interested in further pursuing this appeal before this Hon'ble Court. - 5 - NC: 2025:KHC:7227-DB R.F.A. No.1556/2015 2. The appellants further submits that the above matter has been settled between the parties and the appellants are willing to withdraw this appeal before this Hon'ble Court. 3. The Appellants pray before this Hon'ble Court that they will withdraw this appeal and pray to refund the court fees paid by them. Wherefore, the appellants pray before this Hon'ble Court to withdraw this appeal as the matter is settled between both the parties and pray to refund the court fees to the appellants and may this memo of withdrawal be read and recorded in the interest of justice and equity". 3. Memo is placed on record. 4. In view of the said memo, appeal is dismissed as withdrawn. Registry is directed to refund the eligible Court fee as per law, on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 20