- 1 - HC-KAR NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1632 OF 2013 (MON) C/W REGULAR FIRST APPEAL NO. 1960 OF 2018 RFA CROSS OBJECTION NO. 13 OF 2014 IN RFA No. 1632/2013: BETWEEN: SRI H. MUKTHIAR KHAN S/O SRI HABEEB KHAN AGED ABOUT 47 YEARS RESIDING AT No.547 8TH CROSS, 2ND PHASE GOKUL I STAGE YESHWANTHAPURA BANGALORE - 560 022 …APPELLANT (BY SRI K.P. BHUVAN, ADV.) AND: 1. SRI V. VIDHYASAGAR (DECEASED) SINCE DEAD REPRESENTED HIS LRS. 1(a) SRI RATHAN V S/O LATE VIDYASAGAR AGE 34 YEARS. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014 2. DR. USHA S. W/O VIDYASAGAR AGED ABOUT 42 YEARS. BOTH ARE RESIDING AT PARVATHAMMA BUILDING PARVATHAMMA LAYOUT NEAR THINDLU BUS STOP THINDLU VILLAGE VIDYARANYAPURA POST BANGALORE - 560 097. …RESPONDENTS (BY SRI RAJESWARA P.N., ADV., R1 & R2) THIS RFA IS FILED U/SEC.96, R/W O-41 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED IN O.S. No.73/2011 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE SUIT FOR RECOVERY OF MONEY AND ETC. IN RFA NO. 1960/2018: BETWEEN: SRI. H. MUKTHIAR KHAN S/O SRI. HABEEB KHAN AGED ABOUT 53 YEARS RESIDING AT No.547 8TH CROSS, 2ND PHASE GOKUL I STAGE YESHWANTHAPURA BENGALURU-560 022 ...APPELLANT (BY SRI. PRASANNA KUMAR C.S., ADV.) AND: 1. V. VIDHYASAGAR SINCE DEAD REPRESENTED BY HIS LRS. - 3 - HC-KAR NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014 1a. SRI. RATHAN V. S/O LATE VIDYASAGAR AGE 34 YEARS 2. DR. USHA S. W/O VIDYASAGAR AGED ABOUT 49 YEARS. BOTH THE RESPONDENTS ARE R/AT. PARVATHAMMA BUILDING PARVATHAMMA LAYOUT NEAR THINDLU BUS STOP THINDLU VILLAGE VIDYARANYAPURA POST BENGALURU - 560 097. ...RESPONDENTS (BY SRI RAJESWARA P.N., ADV., FOR R1 & R2) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED ON COUNTER CLAIM IN O.S. No.73/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE COUNTER CLAIM OF RESPONDENT/ DEFENDANT. IN RFA. CROB NO. 13/2014: BETWEEN: 1. V. VIDYA SAGAR SINCE DEAD REPRSENTED BY HIS LRS. 1a. SRI. RATHAN V. S/O LATE VIDYASAGAR AGE 34 YEARS RESIDENT OF PARVATHAMMA BUILDING, PARVATHAMMA LAYOUT, TINDLU, VIDYARANYAPURA POST, BENGALURU - 560 097. - 4 - HC-KAR NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014 2. DR. USHA S. AGED ABOUT 47YEARS W/O V. VIDYA SAGAR R/O PARVATHAMMA BUILDING PARVATHAMMA LAYOUT TINDLU, VIDYARANYAPURA POST BENGALURU - 560 097. ...APPELLANTS (BY SRI RAJESWARA P.N., ADV.) AND: 1. MR. H. MUKTHIAR KHAN S/O MR. HABEEB KHAN AGED ABOUT 45 YEARS R/AT No.547, 8TH CROSS 2ND PHASE, GOKUL I STAGE YESHWANTHAPURA BENGALURU - 560 022. ...RESPONDENT (BY SRI K.P. BHUVAN, ADV.) THIS RFA.CROB IS FILED U/O-41, RULE-22 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED IN O.S. No.73/2011 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, THE SUIT OF THE PLAINTIFF IS DISMISSED. THE COUNTER CLAIM FILED BY THE DEFENDANT IS HEREBY PARTLY ALLOWING. THE PLAINTIFFS IS LIABLE TO PAY A SUM OF RS.63,11,250/- TO THE DEFENDANTS. THESE APPEALS, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The learned counsel for the appellant submits that the appeals in RFA No.1632/2013 and RFA No.1960/2018 as well as RFA.CROB No.13/2014 have been settled between the parties. A joint memo to that effect is also filed. The parties are also present before this Court today and are duly identified by their respective counsel. 2. In the above view of the matter, the joint memo is accepted. The appeals as well as the cross- objection are ordered in terms of the settlement arrived at between the parties. The Court fees in the appeals shall be refunded as applicable to the concerned parties on proper identification. - 6 - HC-KAR NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014 3. Accepting the submission of the learned counsel appearing for the cross-objectors, the court fee in respect of RFA.CROB No.13/2014 may be refunded to respondent No.1(a) on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 31