- 1 - HC-KAR NC: 2025:KHC:49904-DB R.F.A. No.150/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.150/2023 (DEC) BETWEEN: 1. MR. R.P. TRIVIKRAM S/O LATE PRABHAKAR RAO AGED ABOUT 71 YEARS RESIDING AT NO.8, 6TH CROSS AMARJYOTHI NAGAR, VIJAYANAGAR BENGALURU-560040. 2. MRS. SUDHA TRIVIKRAM W/O MR. R.P. TRIVIKRAM AGED ABOUT 67 YEARS RESIDING AT NO.8, 6TH CROSS AMARJYOTHI NAGAR, VIJAYANAGAR BENGALURU-560040. 3. SRI. R.V. RAGHAVENDRA S/O SRI. VEPRAKALLACHAR AGED ABOUT 67 YEARS R/AT 91/2, PARIMALA BETWEEN 11TH AND 13TH CROSS 4TH MAIN, MALLESHWARAM BENGALURU-560003. 4. W.P. KRISHNA S/O SRI. W.H. PUTTAIAH AGED ABOUT 56 YEARS R/AT NO.391/1, 8TH CROSS 13TH MAIN, RMV EXTENSION BENGALURU-560080. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:49904-DB R.F.A. No.150/2023 5. SMT. R.P. URMILA D/O SRI. LATE R.V. PRABHAKAR RAO AGED ABOUT 66 YEARS R/AT FLAT NO.202, B BLOCK SWAMY TOWERS, 5/5 B P WADIA ROAD BASAVANAGUDI BENGALURU-560004. 6. R.T. BHAVANA W/O ADITYA P.K. AGED ABOUT 34 YEARS R/AT NO.8, 6TH CROSS AMARJYOTHI NAGAR VIJAYANAGAR BENGALURU-560040. 7. R.T. ABHIJIT S/O R.P. TRIVIKRAM AGED ABOUT 40 YEARS R/AT 1418, WEST LEXINGTON STREET UNIT 2-F, CHICAGO ILLINOIS, USA 60607 REPRESENTED BY HIS POA HOLDER MR. R.P. TRIVIKRAM. 8. MR. H.K. NANJUNDASWAMY S/O LATE H. KAPANIPATHI BHATTA AGED ABOUT 94 YEARS NO.297, 7TH BLOCK JAYANAGAR, KANAKAPURA ROAD BENGALURU-560082. …APPELLANTS (BY SRI. BHARGAVA D. BHAT, ADV.,) AND: 1. MYSORE STONEWARE PIPES AND POTTERIES LIMITED A COMPANY INCORPORATED UNDER - 3 - HC-KAR NC: 2025:KHC:49904-DB R.F.A. No.150/2023 THE COMPANIES ACT 1956 REGISTERED OFFICE AT NO.452 11TH CROSS, 6TH MAIN SADASHIVANAGAR BANGALORE-560080 REPRESENTED BY ITS DIRECTOR. 2. THE STATE BANK OF MYSORE EMPLOYEES' HOUSING CO-OPERATIVE SOCIETY LIMITED A REGISTERED CO-OPERATIVE SOCIETY REGISTERED OFFICE AT NO.218 2ND CROSS, 2ND MAIN SBM COLONY, BANASHANKARI 1ST STAGE BANGALORE-560050 REP. BY ITS PRESIDENT/SECRETARY. 3. SRI. RAJEEV RAMUHALLI EXECUTIVE DIRECTOR MYSORE STONEWARE PIPES AND POTTERIES LIMITED NO.452, 11TH CROSS 6TH MAIN, SADASHIVANAGAR BANGALORE-560080. 4. ANAND KUMAR A.C. S/O A.E. CHANDRASHEKAR AGED ABOUT 44 YEARS R/AT. ANATHI VILLAGE BAGUR HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573131. …RESPONDENTS (BY SRI. MAHESH ARKALGUD SRIKANTH, ADV., FOR R1 & R3 R2 SERVED) THIS RFA IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 10.10.2022 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN O.S.NO.1899/2022 (AS PER - 4 - HC-KAR NC: 2025:KHC:49904-DB R.F.A. No.150/2023 DOCUMENT NO.1) AND RESTORE THE SAID SUIT IN O.S.1899/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT. 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 dated 26.11.2025 seeking leave of this Court to withdraw the appeal. 2. Memo reads as under: "The undersigned most respectfully submits that a settlement has been arrived at between the Appellants and the 1st Respondent in a collateral matter. In view of the said fact and in order to give effect to the settlement so arrived at, the Appellants seek the leave of this Hon'ble Court to withdraw the present Appeal and it is prayed that this Hon'ble Court be pleased to dismiss the above Appeal as withdrawn to serve the interests of justice and equity." - 5 - HC-KAR NC: 2025:KHC:49904-DB R.F.A. No.150/2023 3. Memo is placed on record. 4. In view of the said memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 50