- 1 - HC-KAR NC: 2025:KHC:39157 R.F.A. No.561/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO.561/2019 (PAR) BETWEEN: 1. SRI. R. SUBRAMANI AGED ABOUT 75 YEARS S/O LATE R. RAJAGOPALACHARI SINCE DEAD, REP. BY LR'S. 1(a) SRI. KISHORE KUMAR AGED 50 YEARS S/O LATE R. SUBRAMANI R/AT. PLOT NO.12, 8TH MAIN ROAD SHIVANAGAR, WEST OF CHORD ROAD RAJAJINAGAR, BANGALORE-10. 1(b) SRI. R.S. VIJAYAKUMAR AGED 49 YEARS S/O LATE R. SUBRAMANI R/AT. PLOT NO.12, 8TH MAIN ROAD SHIVANAGAR, WEST OF CHORD ROAD RAJAJINAGAR, BANGALORE-10. [AMENDED AS PER ORDER DTD:26.06.2025] …APPELLANTS (BY SRI. N. BAYYA REDDY, ADV., FOR LR'S OF DECEASED) AND: 1. SMT. JAYAMMA AGED ABOUT 72 YEARS W/O LATE R. RAJAGOPALACHARI. Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:39157 R.F.A. No.561/2019 SINCE DECEASED, REP. BY LR'S. 2. SMT. R. GAJALAKSHMI AGED 51 YEARS W/O OM NAMAH SHIVAYA R/O E-356, DOMMASANDRA SRJAPURA CIRCLE ANEKAL, BANGALORE DISTRICT. 3. SMT. SAVITHRAMMA AGED ABOUT 48 YEARS W/O K. RAVINDRABABU R/O NO.421, 3RD B MAIN ROAD MANJUNATHANAGAR, BANGALORE 560 010. 4. SRI. R. SRINIVAS AGED 46 YEARS S/O LATE R. RAJAGOPALACHARI R/AT PLOT NO.12, 8TH MAIN ROAD SHIVANAGAR, WEST OF CHORD ROAD RAJAJINAGAR, BANGALORE 560 010. [AMENDED AS PER ORDER DTD:08.11.2024] …RESPONDENTS (BY SMT. RASHMI S, ADV., FOR R2 TO R4 V/O/DTD:08.11.2024, R1 IS DEAD & R2 - R4 ARE LR'S OF R1) THIS RFA IS FILED UNDER SEC.96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DTD 04.12.2018 PASSED BY THE HON'BLE V ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN O.S.NO.2149/2014 AND PASS A JUDGMENT AND DECREE INFAVOUR OF THE APPELLANT DECREEING 1/2 SHARE IN THE SUIT SCHEDULE PROPERTY (INCLUSIVE OF 53.05 SQ.MTRS IN POSSESSION OF THE APPELLANT-R.SUBRAMANI) IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:39157 R.F.A. No.561/2019 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants and learned counsel for the respondents are present. 2. Appellant Nos.1(a) & 1(b), respondent Nos.2, 3, & 4 are present in-person before the Court. 3. It is stated that respondent No.1 died and respondent Nos.2 to 4 are the only legal representatives of deceased respondent No.1. 4. Appellant Nos.1(a) & 1(b) and respondent Nos.2, 3, & 4 have filed a joint memo stating that they have compromised the matter with each other on their own will and wish and without coercion or any force and therefore, requested to dispose of the case in terms of the joint memo as settled out of Court. 5. The joint memo reads as under: JOINT MEMO "1. The legal heirs of the appellant and Respondents 2 to 4 submit that the appellant has filed above appeal - 4 - HC-KAR NC: 2025:KHC:39157 R.F.A. No.561/2019 challenging the preliminary judgment and decree passed in O.S.No.2149/2014 dated 4.12.2018 on the file of the V Additional City Civil Court, Bengaluru CCH 13. After filing the above appeal the respondent No.1 has passed away on 13.2.2023 leaving behind the appellant and respondents 2 to 4. The appellant has passed away on 29.11.2024 leaving behind the legal representatives of the appellant who were brought on record. 2. The legal heirs of the appellant submit that they have settled the matter out of court with the respondents 2 to 4 amicably and in view of the settlement they are not interested in prosecuting the above appeal and the same may kindly be dismissed. 3. The respondents 2 to 4 submit that they have settled the matter out of court amicably with the legal heirs of the appellant and as such they have no objection in dismissing the appeal as sought for by the legal heirs of the appellant. WHEREFORE the legal heirs of the appellant and respondent 2 to 4 humbly pray that the above appeal may kindly dismissed as not presented in the interest of justice and equity." 6. The joint memo is placed on record. 7. In terms of the joint memo, appeal is disposed of as settled out of Court. 8. Draw decree accordingly. Certified copy of joint memo shall be part and parcel of decree. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE BSR/List No.: 1 Sl No.: 38