- 1 - HC-KAR NC: 2025:KHC-D:13045 MSA No. 100105 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS SECOND APPEAL NO. 100105 OF 2024 BETWEEN: 1. SMT. BHAGYAREKHA W/O NEELAKANTH HIREMATH AGE 72 YEARS, OCC. HOUSEHOLD WORK R/O. CTS NO. 7101 (EASTERN) SECTOR NO.9, NANDINI ROAD, ANJANEYA NAGAR, BELAGAVI- 590016 …APPELLANT (BY SRI. G B NAIK & SMT P G NAIK, ADVS) AND: 1. SHRI. BASAVESH S/O CHANDRAYYA HIREMATH AGE. 75 YEARS, OCC. RETIRED R/O. CTS NO. 7101 (WESTERN) SECTOR NO.9, NANDINI ROAD, ANJANEYA NAGAR, BELAGAVI -590016. …RESPONDENT (BY SRI. DINESH M. KULKARNI, ADV) THIS MSA IS FILED U/SEC.43 RULE 1 (u) OF CPC., PRAYING TO THE JUDGMENT AND ORDER PASSED IN RA NO.55/2023 DATED 30.07.2024 BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI SETTING ASIDE THE ORDER PASSED ON IA NO. II DATED 05.04.2023 IN O.S NO.370/2021 BY THE II ADDL. SENIOR CIVIL JUDGE AND CJM BELAGAVI THEREBY DISMISSING THE SAID IA AND REMANDING O.S.NO. 370/2021 TO THE TRIAL COURT TO CONSIDER THE CASE ON MERITS BE KINDLY SET ASIDE BY ALLOWING THIS APPEAL AND THE ORDER PASSED ON IA NO.II DATED 05.04.2023 IN MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13045 MSA No. 100105 of 2024 O.S.NO.370/2021 BY THE II ADDL. SENIOR CIVIL JUDGE AND CJM BELAGAVI BE KINDLY CONFIRMED. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellant and respondents are present before the court and they are identified by their respective counsel. 2. The appellant and respondents have filed a joint memo which reads as follows: “That the Appellant-Defendant and Respondent- Plaintiff have arrived at an amicable settlement with the intervention of elders and well-wishers. 1. The Defendant was the owner of the Eastern ½ portion of property bearing Plot No.1946 corresponding CTS No.7101 situated at Sector No.9, Malmaruti Extension, Belagavi. The Appellant-Defendant has executed a Gift Deed dated 30-3-2022 in favour of her brother- Rudragonda S/o Viragonda Patil. Then said Rudragonda S/o Viragonda Patil executed a registered Sale Deed in the name of Shri Sanjay S/o Basavaraj Hiremath who is the son of the Respondent-Plaintiff. 2. Both the Appellant and the Respondent admit the above said transactions and now the son of Respondent is the owner in possession of the above said property which is the - 3 - HC-KAR NC: 2025:KHC-D:13045 MSA No. 100105 of 2024 suit property in OS No.370/2021 on the file of the II Addl. Senior Civil Judge, Belagavi. 3. There is no claim against either of the parties in respect of the above said property. 4 The Appellant and Respondent have put their signatures willingly and without any force or coercion. HENCE it is most humbly prayed that the present Appeal and the OS No.370/2021 on the file of the II Addl. Senior Civil Judge, Belagavi be kindly disposed off in terms of this Memo. Liberty be kindly reserved to the plaintiff – Respondent No- 1 to claim the refund of court fee before the trial court. In view of this settlement it is prayed that the court fee paid by the parties to this Lis be kindly ordered to be refunded.” 3. The contents of the joint memo is read over and explained to the appellant and respondents. They have admitted the contents of the joint memo. 4. The joint memo is taken on record. 5. Accepting the joint memo, the appeal is disposed of in terms of joint memo. 6. The office is directed to refund the court fee in favour of the appellant as per Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958. - 4 - HC-KAR NC: 2025:KHC-D:13045 MSA No. 100105 of 2024 7. Draw decree in terms of the joint memo. In view of the disposal of the appeal, pending IAs, if any, do not survive for consideration, accordingly stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE SKS CT: BSB List No.: 3 Sl No.: 1