- 1 - NC: 2025:KHC:1779 RFA No. 2896 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2896 OF 2024 (RES) BETWEEN: SMT. PREETHI AGED 41 YEARS, W/O.BASWARAJ B., R/AT NO.8, MPM LAYOUT, 1ST MAIN, 2ND CROSS, MALLATHAHALLI, OPP. MORE SUPER MARKET, NAGARABHAVI, BANGALORE-560 056. …APPELLANT (BY SRI. RAVISHANKAR.A., ADVOCATE) AND: 1. SRI NAGASHETTY AGED ABOUT 71 YEARS, S/O.SRI SHIVALINGAPPA GANDGE, 2. SMT. PREETI, AGED ABOUT 31 YEARS, W/O.GANESH GANDGE, RESPONDENTS 1 AND 2 ARE R/AT SRI VEERABHADRESHWARA NILAYA, NO.6/1, MPM LAYOUT, 1ST MAIN, 2ND CROSS, MALLATHAHALLI, OPP. MORE SUPER MARKET, NAGARABHAVI, BANGALORE-560 056. …RESPONDENTS (BY SRI. SURESH.I MUGALAKKI., ADVOCATE FOR C/R1 & 2) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF THE CPC, 1908. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1779 RFA No. 2896 of 2024 THIS REGULAR FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Ravishankar.A., counsel for the appellant and Sri.Suresh I.Mugalakki., counsel for the respondents have appeared in person. 2. The appellant has challenged the Judgment and Decree dated 01.10.2024 passed by the X Addl. City Civil and Sessions Judge, Bengaluru (CCH-26) in O.S.No.6613/2022 in this appeal on several grounds as set-out in the memorandum of appeal. 3. Counsel for the appellant and the respondents jointly submits that the parties have settled the dispute. Accordingly, they have filed a joint memo. Counsel therefore, submits that the appeal may be disposed of in terms of the joint memo. 4. Smt.Preethi - the appellant and Sri.Nagashetty - the first respondent are physically present before the Court and they have been duly identified by their respective counsel. - 3 - NC: 2025:KHC:1779 RFA No. 2896 of 2024 When queried, the appellant and the first respondent stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and the appeal may be disposed of in terms of the joint memo. They further state that they have arrived at settlement on their own will and volition without there being any coercion and undue influence from any side. The oral submission made by the respective parties and the joint memo is placed on record. 5. The Regular First Appeal is disposed of in terms of the Joint memo. The Registry concerned is hereby directed to draw the decree in terms of the Joint memo. 6. Lastly, counsel for the appellant submits that the appellant has no objection to refund the Court fee to the bank account of the first respondent electronically. The oral submission made by counsel for the appellant is placed on record. - 4 - NC: 2025:KHC:1779 RFA No. 2896 of 2024 The Registry concerned is directed to refund the Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958 to the bank account of the first respondent electronically. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 49