- 1 - HC-KAR NC: 2025:KHC-D:11725 RSA No. 100400 of 2020 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100400 OF 2020 (MON) BETWEEN: RAJASHEKHARAPPA S/O. BASAPPA SANSHI AGE : 55 YEARS, OCC : AGRICULTURE, R/O : HARTI, TQ AND DIST : GADAG. …APPELLANT (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) AND: MUDUKAYYA CHANNABASAYYA HIREMATH AGE : 65 YEARS, OCC : BOND WRITER, R/O : BASAVESHWAR NAGAR, TQ AND DIST : GADAG. …RESPONDENT (BY SRI. H.N. GULARADDI, ADVOCATE) THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.02.2020 PASSED IN R.A.NO.153/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, GADAG, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED.29.08.2019, PASSED IN O.S. NO.397/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, GADAG, DECREEING THE SUIT FILED FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ADMISSION, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.15 10:44:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11725 RSA No. 100400 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the appellant has filed memo dated 06.11.2024, which reads as under : “In the above matter, the appellant respectfully submitted that the appellant/defendant has paid the decreetal amount to the respondent/plaintiff in Execution Petition No.33/2020 before the learned Prl. Civil Judge, Gadag. The respondent/plaintiff accepts the same. Hence the above appeal does not survive for consideration and dispose of the above appeal as settled between the parties. Hence, this memo.” 2. In view of memo, appeal does not survive for consideration, hence, the same is disposed of, as the matter is settled between the parties. 3. Another memo is filed seeking to refund the Court fee paid by the appellant. Since the matter is settled before the parties before the trial Court, registry is directed to refund the Court fee in favour of the appellant as per the rules. Sd/- (G BASAVARAJA) JUDGE CKK/MRK Ct-cmu LIST NO.: 1 SL NO.: 47