- 1 - HC-KAR NC: 2025:KHC:24055 RFA No. 309 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 309 OF 2015 (DEC/INJ) BETWEEN: 1. SRI.B.R.ASWATHANARAYANA SETTY SINCE DEAD BY HIS LRS. 1(a) SMT. SWARNA W/O LATE B R ASHWATHANARAYANA SETTY AGED ABOUT 72 YEARS. 1(b) SMT. B A RENUKA D/O LATE B R ASHWATHANARAYANA SETTY W/O VENKATESH AGED ABOUT 52 YEARS. 2. SRI B A SUDARSHAN S/O B A ASWATHANARAYANA SETTY AGED ABOUT 48 YEARS 3. SRI B A VEERENDRA PRASAD S/O B A ASWATHANARAYANA SETTY AGED ABOUT 45 YEARS ALL ARE R/A NO.339, BAZAAR STREET, KENGERI BANGALORE-560060. …APPELLANTS (BY SRI. M S NAGARAJA., ADVOCATE) AND: 1. SRI SREE SUBRAMANYESWARA CO OP BANK LTD NO.106, RAJATHA BHAVAN Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24055 RFA No. 309 of 2015 R V ROAD, V V PURAM BANGALORE-560004 REP BY ITS MANAGER. 2. SMT GIRIJA LOKANATH W/O R LOKANATH AGED ABOUT 52 YEARS R/A NO.445, 3RD MAIN, GIRINAGAR, BSK 3RD STAGE BANALORE. …RESPONDENTS (BY SRI. K S VENKATARAMANA., ADVOCATE FOR R1; R2-SERVICE OF NOTICE IS HELD SUFFICIENT V/O DATED 01.10.2018) THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 3.2.2015 PASSED IN O.S.NO.5815/2008 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR MANDATORY INJUNCTION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. Learned counsel for the appellants has filed a memo stating that the parties are settling the matter out of the Court. If the settlement is not materialized, he may be permitted to file an application for restoration of the appeal. 2. Memo dated 21.04.2025 is taken on record. - 3 - HC-KAR NC: 2025:KHC:24055 RFA No. 309 of 2015 3. The appeal is dismissed as withdrawn with liberty to the appellants as stated above. 4. All pending applications, if any, shall stand dismissing accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 21