- 1 - NC: 2025:KHC:18104-DB RFA No. 182 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 182 OF 2014 (SP) BETWEEN: SMT. N. LAKSHMI W/O KEMPAHANUMAIAH AGED ABOUT 58 YEARS, R/AT V. V. EXTENSION, HOSAKOTE TOWN, BANGALORE RURAL DISTRICT, REPRESENTED BY HER HUSBAND SRI KEMPAHANUMAIAH …APPELLANT (BY SRI. K SHIVASHANKAR, ADVOCATE) AND: 1. SRI SREENATH G. S/O SRI V. GURUDEV AGED ABOUT 43 YEARS 2. SRI PRABHAKAR G S/O SRI V. GURUDEV AGED ABOUT 36 YEARS BOTH ARE RESIDING AT NO.317 "SREE GANESH NILAYA" VINAYAKANAGARA, BEHIND BVNHS SCHOOL, Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:18104-DB RFA No. 182 of 2014 KRISHNARAJAPURAM, BANGALORE-36. 3. SRI ARCHAKARA RAMA DIXIT SINCE DEAD BY HIS LRs: 3(A) SOMASHEKAR S/O LATE ARCHAKARA RAMA DIXIT, AGED ABOUT 28 YEARS, R/AT SRI SATHYAMMA DEVI TEMPLE, UPPER PET, KOLAR. …RESPONDENTS (BY SRI. M.S.VARADARAJAN, ADV. FOR R3(A); NOTICE TO R1 TO R2 ISSUED V/O DTD: 06.11.2014 BY WAY OF PAPER PUBLICATION, HELD SUFFICIENT) THIS RFA IS FILED UNDER ORDER 41 RULE 1 AND SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.10.2013 PASSED IN O.S.NO.9604/2007 ON THE FILE OF THE V ADDL. CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) This appeal is listed on the memos filed by the counsel for the appellant seeking to withdraw the appeal. - 3 - NC: 2025:KHC:18104-DB RFA No. 182 of 2014 2. From the cause-list it is noted that, Respondents No. 1 & 2 have been served through paper publication and the service on them held to be sufficient. 3. The appellant through the General Power of Attorney Holder Mr.Kempahanumaiah, said to be the husband of the appellant, as identified by the counsel for the appellant, has filed three memos duly signed by the counsel also, viz., - (i) For withdrawal of the appeal, as the appellant and the respondents have settled the matter outside the Court and as such, wishes to withdraw the appeal; (ii) For return of the Original Documents to the respective parties and; (iii) Refund of the Court Fee in view of the settlement in the matter. 4. The learned counsel for the appellant clarifies that the Respondents No. 1 & 2 have not appeared in these proceedings, though they have been served through publication, which service was held to be sufficient. He - 4 - NC: 2025:KHC:18104-DB RFA No. 182 of 2014 also states that the settlement has been entered between the appellant and Respondent Nos.3(a). 5. The learned counsel for the appellant states that, as the appellant has settled the matter with the Respondent No.3(a), the successor, in interest of original Respondent No.3, and as such, the appellant through the GPA Holder shall withdraw the appeal. 5. Noting the said submission, the appeal is dismissed as withdrawn. 6. The Registry shall return the original documents (if any) as were filed by the appellant and the Respondent No.3, now the Respondent No.3(a). The same shall be returned after keeping on record the certified copies of such original documents, which are sought to be returned. 7. In sofar as the Court Fee is concerned, as the appeal has been pending consideration since the year - 5 - NC: 2025:KHC:18104-DB RFA No. 182 of 2014 2014 and is admitted, we deem it appropriate to direct refund of 75% of the Court Fee to the appellant. 8. The appeal is dismissed as withdrawn. The memos disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE KGR* List No.: 5 Sl No.: 3