- 1 - HC-KAR NC: 2025:KHC:48409 RSA No. 120 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.120 OF 2023 (POS) BETWEEN: 1. SRI. V. THIMMASHETTY S/O LATE VENKATA SHETTY AGED ABOUT 76 YEARS R/A SRIRAM LAYOUT SARAGUR, H.D. KOTE TALUK MYSURU DISTRICT-571 114. &APPELLANT (BY SRI. C.G. RAMAMOHAN, ADVOCATE) AND: 1. HEALTH AND FAMILY WELFARE DEPT. EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY BY ITS PRESIDENT AND SECRETARY B. NAGANNA S/O LATE BASAVEGOWDA & VEENA YASHODA ARCADE PRESENTLY AT NO.2104, NEW NO.D-6, 2ND FLOOR, SEEBAIAH ROAD DEVARAJA MOHALLA MYSURU-570 001. &RESPONDENT (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.09.2022 PASSED IN R.A.NO.26/2022 ON THE FILE OF THE III Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48409 RSA No. 120 of 2023 ADDITIONAL SENIOR CIVIL JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.11.2021 PASSED IN O.S.NO.1298/2013 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant files memo seeking permission of this Court to withdraw the R.S.A.No.120/2023 on the ground that matter is settled with the respondent out of Court. Hence, permitted to withdraw R.S.A.No.120/2023 in terms of the memo. In view of the memo, the appeal is dismissed as withdrawn. The Registry is directed to refund the Court fee in accordance with law. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 10