- 1 - HC-KAR NC: 2025:KHC:41520 RSA No. 975 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 975 OF 2013 (PAR) BETWEEN: SRI CHANNABASAPPAGOWDA S/O HALAPPAGOWDA AGED ABOUT 70 YEARS R/O MUMBALU VILLAGE SAGAR TALUK SHIMOGA DISTRICT …APPELLANT (BY SRI. H.S.PRASHANTH., ADV.) AND: 1. SRI M V PRADEEPA S/O LATE VEERABHADRAPPAGOWDA AGED ABOUT 30 YEARS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41520 RSA No. 975 of 2013 2. SRI M.V PRASHANTHA S/O LATE VEERABHADRAPPAGOWDA AGED ABOUT 27 YEARS 3. SMT. GAYATHRI W/O LATE VEERABHADRAPPAGOWDA AGED ABOUT 56 YEARS RESPONDENT NOS.1 TO 3 ARE R/O VINOBA NAGAR EXTENSION SAGAR TOWN SHIMOGA DISTRICT 4. 4A 4B LATE SIR SIDDAPPAGOWDA SINCE DEAD BY HIS LRS SMT. SUMA W/O SRI SADASHIVA D/O LATE SRI SIDDAPPAGOWDA AGED ABOUT 46 YEARS R/O GANGANAKOPPA HOSANAGARA TALUK SHIMOGA DISTRICT SMT. UMA W/O SRI PRATAP KUMAR - 3 - HC-KAR NC: 2025:KHC:41520 RSA No. 975 of 2013 4C D/O LATE IS SIDDAPPAGOWDA AGED ABOUT 44 YEARS R/O NALLUR POST CHANNARAYAPATTANA TALUK HASSAN DISTRICT SRI ADARSHA S/O LATE SRI SIDDAPPA GOWDA AGED ABOUT 39 YEARS No.20-21/350, SUMUKHA NILAYA 3RD MAIN, NEAR OM SHAKTI TEMPLE HOSAPALYA, HSR LAYOUT BENGALURU-560068 5. SMT. DRAKSHAYANI W/O CHANNEGOWDRU AGED ABOUT 54 YEARS R/O NEAR MYSORE BANK MAIN ROAD, BYDAGI TOWN HAVERI DISTRICT …RESPONDENTS (BY SRI. PRUTHVI WODEYAR., ADV. FOR C/R1 & ALSO FOR R2 & R3, R4(A) TO R4(C) & R5; - 4 - HC-KAR NC: 2025:KHC:41520 RSA No. 975 of 2013 V/O DTD. 21.01.2020 APPEAL AS AGAINST R4 IS ABATED) RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 02.03.2013 PASSED IN R.A.NO.89/2010 ON THE FILE OF ADDITIONAL DISTRICT JUDGE, SHIMOGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 30.11.2009 PASSED IN OS.NO.90/2007 ON THE FILE OF ADDITIONAL CIVIL JUDGE (SR.DN.), JMFC, SAGAR AND ETC., THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: *** CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 5 - HC-KAR NC: 2025:KHC:41520 RSA No. 975 of 2013 ORAL JUDGMENT This Court, vide order dated 01.09.2025 directed the parties to appear before the Mediator on 11.09.2025 at 2:30 p.m. 2. Pursuant to the order passed by this Court, the parties have appeared before the Mediator. 3. The parties have filed a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 4. The Deputy Director of Karnataka Mediation Centre vide communication dated 15.10.2025 submitted a mediation reports stating that the parties have settled the matter before the Mediator and produced the memorandum of settlement under Section 89 of CPC read - 6 - HC-KAR NC: 2025:KHC:41520 RSA No. 975 of 2013 with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 5. As the parties have settled the matter and filed a memorandum of settlement, in view of the same, the appeal is disposed off in terms of the memorandum of settlement. Sd/- (ASHOK S.KINAGI) JUDGE SSB