- 1 - HC-KAR NC: 2025:KHC:37884 RSA No. 2059 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2059 OF 2023 (SP) BETWEEN: B.N. KARIYAPPA S/O LATE NANJEGOWDA, HINDU AGED ABOUT 52 YEARS R/O BOMMENAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK POST: DUDDA - 573 118 HASSAN DISTRICT. …APPELLANT (BY MISS. TASKEEN KHANUM S.J, ADVOCATE FOR SRI. S. GANESH SHENOY, ADVOCATE) AND: B.C SHIVANNA S/O LATE CHIKEGOWDA AGED ABOUT 76 YEARS R/O DUDDA R.S. VILLAGE DUDDA HOBLI, HASSAN TALUK POST: DUDDA - 573 118 HASSAN DISTRICT. …RESPONDENT (BY SRI. SATHYAN PUTHOOR, ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.08.2023 PASSED IN RA NO.23/2020 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT HASSAN, PARTLY ALLOWING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.12.2019 PASSED IN OS NO.427/2017 ON THE FILE OF VI ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37884 RSA No. 2059 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant has filed a memo on 18.09.2025 for withdrawal. The memo reads as under: "The plaintiff - appellant submits that after filing of the above appeal, the parties hereto by their mutual agreement have settlement of all their disputes with reference to the suit schedule property and in that defendant receiving higher consideration amount has duly conveyed the schedule property in favour of the appellant executing and registering the sale deed dated 07.12.2024 that has been registered as per document No.HSA-1-13850-2024-25 electronical recorded in the central and the appellant has also been put in lawful possession and enjoyment of the schedule property - copy of sale deed enclosed. Under the circumstances parties having settled their disputes well before commencement of hearing in the above appeal, it is prayed that the above appeal may kindly be disposed of as settled out of court by the parties ordering refund of half of the court fee paid on the appeal memorandum in terms of S.66(c) of the Karnataka C.F. and S.V. Act, 1958 in the interest of justice.” 2. Memo is taken on record. 3. In view of the above memo, appeal is dismissed as withdrawn. 4. Permissible refund of Court fee is allowed. Sd/- (V SRISHANANDA) JUDGE KAV/List No.: 1 Sl No.: 60/CT: BHK