- 1 - HC-KAR NC: 2025:KHC-D:7412-DB RFA No. 100570 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO.100570 OF 2023 (DEC/POS) BETWEEN: SHRI VINAYAK S/O. ISHWAR SANKPALE, AGE: 43 YEARS, OCC. SERVICE, R/O. HOUSE NO. 102/2, KOLIPET, MARATHA GALLI, HUBBALLI, DIST. DHARWAD-580001. …PETITIONER (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. SHRI CHANDRASHEEKHAR S/O. KRISHNAPPA KURDEKAR, AGE: 69 YEARS, OCC. RETIRED, R/O. PLOT NO.106, RAJIV NAGAR, VIDYA NAGAR, HUBBALLI, DIST. DHARWAD-580011. 2. RAJEEV GRUHANIRMAN SAHAKARI SANGH NIYAMIT, REPRESENTED BY ITS PRESIDENT, SHRI ABHIMANYU NEELAPPA MADIWALAR, AGE: 62 YEARS, OCC. BUSINESS, R/O. JAWAHARA APARTMENT, MADIWALAR NAGAR, HUBBALLI, DIST. DHARWAD-580011. …RESPONDENTS (BY SRI. G.A. BHAT, ADVOCATE FOR R1; SRI. SUNIL S. DESAI, ADVOCATE FOR R2) YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2025.06.10 10:38:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7412-DB RFA No. 100570 of 2023 THIS RFA IS FILED UNDER ORDER 41 RULE 1 AND 2 READ WITH SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 04.07.2023 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI, IN O.S.NO.101/2021 AND DECREE THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) Learned counsel for the appellant has filed a memo stating that the dispute between the parties is settled by filing compromise petition in W.P.No.103468/2025 on 05.06.2025. It is prayed that in view of the settlement, this appeal may be disposed of. Memo is taken on record. In view of the memo, the appeal stands disposed of as having been settled between the parties. - 3 - HC-KAR NC: 2025:KHC-D:7412-DB RFA No. 100570 of 2023 Registry is directed to refund the Court fee in accordance with law. SD/- (R.NATARAJ) JUDGE SD/- (RAJESH RAI K) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 7