- 1 - HC-KAR NC: 2025:KHC:27523 RFA No. 1983 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1983 OF 2017 (SP) BETWEEN: SRI.RAJESH, S/O.SHIVARAMAIAH, AGED ABOUT 42 YEARS, REISIDING AT DODDAPALYA VILLAGE, BACHENAHATTI DAKHALE, KASABA HOBLI, MAGADI TALUK - 562 120. …APPELLANT (BY SRI.MOHITH HEGGADE., ADVOCATE FOR SRI.SIDDAMALLAPPA.P.M., ADVOCATE) AND: 1. SMT.SAVITHA RAJ, WIFE OF LATE MUDDURAJ YADAV, AGED ABOUT 38 YEARS, RESIDING AT BACHENAHATTI VILLAGE, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 120. 2. MASTER SUMANTHA YADAV, SON OF LATE MUDDURAJ YADAV, AGED ABOUT 21 YEARS, RESIDING AT BACHENAHATTI VILLAGE, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 120. 3. MASTER ABHISHEK YADAV, SON OF LATE MUDDURAJ YADAV, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27523 RFA No. 1983 of 2017 AGED ABOUT 19 YEARS, RESIDING AT BACHENAHATTI VILLAGE, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 120. 4. SMT.LATHAPRAKASH WIFE OF PRAKASH, AGED ABOUT 53 YEARS, RESIDING AT NO.133, ROYAL RESIDENCY, AREKERE VILLAGE, VISHVESHWARAIAH ROAD, 4TH STAGE, B.T.M LAYOUT, BANGALORE - 560 076. …RESPONDENTS (R1 TO R3 - SERVED; BY SRI.VIJAYA KUMAR.K., ADVOCATE FOR C/R4) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41, RULE 1 READ WITH SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED TODAY FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Mohith Heggade., counsel on behalf of Sri.Siddamallappa.P.M., for the appellant and Sri.Vijayakumar.K., counsel for caveator/ respondent No.4 have appeared in person. 2. Counsel Sri.Vijayakumar.K., for respondent No.4 submits that a memo has been filed stating that the appeal has - 3 - HC-KAR NC: 2025:KHC:27523 RFA No. 1983 of 2017 become infructuous. Counsel therefore, submits that the memo may be placed on record and an appropriate order may be passed. Submission is noted. Memo is placed on record. The memo reads as under: "MEMO BY RESPONDENT NO.4 The respondent No.4 respectfully submits that, during the pendency of the above appeal, the appellant has executed a registered Confirmation Deed dated 20.06.2025 in favor of respondent No.4 / Smt.Latha Prakash, in respect of the property bearing No. Sy.No.19/1, measuring 07 Acres 10 Guntas, situated at Vengalappanahalli Village, Kasaba Hobli, Magadi Taluk, Ramanagara District i.e., suit schedule property, in view of the execution of the Confirmation Deed the appellant has confirmed the title of respondent No.4, hence the above appeal has become infructuous." Counsel Sri.Mohith Heggade., for the appellant acknowledges the fact that the appellant has executed the Confirmation Deed on 20.06.2025 and the matter is settled between the parties outside the Court. Counsel therefore, submits that the appeal may be dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC:27523 RFA No. 1983 of 2017 When queried, counsel for the appellant submits that a conscious decision is taken about withdrawal of the appeal and if an order is passed, the appellant shall not file a review petition or file application seeking modification or recalling the order. The oral submission made by counsel for the appellant is placed on record. 3. The Regular First Appeal is dismissed as withdrawn. The Registry concerned is hereby directed to refund the admissible Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958 to the appellant. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 29