- 1 - NC: 2025:KHC:8127-DB RFA No. 2906 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO.2906 OF 2024 (SP) BETWEEN: SRI. K H RAMESH S/O LATE HONNAIAH AGE ABOUT 58 YEARS R/AT SUGUNA NILAYA 2ND CROSS, BANDIGOWDA LAYOUT. MANDYA CITY - 571 401 …APPELLANT (BY SRI. RAJASHEKARA S, ADVOCATE) AND: 1. SRI. KRISHNEGOWDA S/O CHOWDEGOWDA AGE ABOUT 48 YEARS R/AT CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK - 571 405 NOW RESIDING AT: #169, 2ND STAGE, 5TH CROSS, ANNAPOORNESHWARINAGARA, MANDYA CITY - 571 401 Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:8127-DB RFA No. 2906 of 2024 2. SRI. K.G.RAMESH, S/O K.L.GANGAPPAGOWDA AGE ABOUT 36 YEARS R/AT #51, KANCHANAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK - 571 418 …RESPONDENTS (BY SRI. KETHAN KUMAR, ADVOCATE FOR C/R1 & R2) THIS RFA IS FILED UNDER SECTION 96 ORDER XLI RULE 1 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 04.11.2024 PASSED IN O.S.NO.14/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA BY ALLOWING THIS APPEAL AND GRANT SUCH OTHER AND FURTHER RELIEF’S AS THIS HON’BLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) This is a compromise petition filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The said - 3 - NC: 2025:KHC:8127-DB RFA No. 2906 of 2024 petition has been jointly filed by the appellant and respondents No.1 and 2. That initially, respondent No.2 had filed the application on behalf of both the respondents including as a Special Power of Attorney of respondent No.1. Today, the respondent No.1 (as identified by his counsel) is personally present and has separately signed the petition. The counsel for the parties have also signed the petition. The parties, i.e., appellant, respondent Nos.1 and 2 (as identified by their counsel) are present in- person. They acknowledge that they have settled their inter-se dispute and the amount as stated in paragraphs No.2 and 3 of the application has been given by the appellant and received by them. According to the parties, they have been explained the contents of the application, in Kannada, which language they understand by their counsel and they admit the same as true and correct. If that be so, appeal is disposed of as settled. - 4 - NC: 2025:KHC:8127-DB RFA No. 2906 of 2024 2. At this stage, Mr.Rajshekar, learned counsel makes a request for refund of the Court fee in view of the fact that parties have settled their dispute. 3. The Registry shall refund the Court fee as per Rules. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 12