- 1 - HC-KAR NC: 2025:KHC-D:9117 RFA No. 100541 of 2018 C/W RFA.CROB No. 100012 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 100541 OF 2018 (MON) C/W RFA CROSS OBJ NO. 100012 OF 2023 IN RFA NO. 100541 OF 2018: BETWEEN: SRI. T. SRIMANNARAYANA S/O T. AMMESHWARA RAO, AGE: 46 YEARS, OCC: MANAGING DIRECTOR, SAI BALAJI COLD STORAGE, NO.206, 207, KIADB INDUSTRIAL AREA, 3RD STAGE, BENGALURU ROAD, BALLARI-583 101. … APPELLANT (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: 1. PRAGATHI GRAMINA BANK SUING BY ITS MANAGER, KALAMMA STREET BRANCH, BALLARI-583 101. 2. SRI. P. NARESH BABU S/O RADHAKRISHNA MURTHY, AGE: 41 YEARS, OCC: AGRICULTURE, LORRY OWNER AND BUSINESS, R/O: NO.188, SANJEEVARAYANAKOTE VILLAGE, TAL: BALLARI, PRESENTLY RESIDING AT: 3RD CROSS, VENKATESWAR NAGAR, NEAR RAGHAVENDRA COLONY, BALLARI-583 101. … RESPONDENTS (BY SRI. A.P. KAMOJI, ADVOCATE FOR R1; SRI. DEEPAK MAGANUR, ADVOCATE FOR R2) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9117 RFA No. 100541 of 2018 C/W RFA.CROB No. 100012 of 2023 THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 10.11.2017 PASSED IN O.S. NO.191/2013 ON THE FILE OF THE FIRST ADDL. SENIOR CIVIL JUDGE, BALLARI AND IN COUNTER CLAIM, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE. IN RFA CROB. NO. 100012 OF 2023: BETWEEN: SHRI P. NARESH BABU S/O RADHAKRISHNA MURTHY, AGE: 47 YEARS, OCC: AGRICULTURE AND LORRY OWNER BUSINESS, R/O:188, SANJEEVARAYANAKOTE VILLAGE, TAL: BALLARI, PRESENTLY RESIDING AT: 3RD CROSS, VENKATESWAR NAGAR, NEAR RAGHAVENDRA COLONY, BALLARI-583 101. … CROSS OBJECTOR (BY SRI. DEEPAK MAGANUR, ADVOCATE) AND: 1. T. SRIMANNARAYAN S/O T. AMMESHWAR RAO, AGE: 50 YEARS, OCC: MANAGING DIRECTOR, SAI BALAJI COLD STORAGE, NO.206, 207, KIADB INDUSTRIAL AREA, 3RD STAGE, BENGALURU ROAD, BALLARI-583 101. 2. PRAGATHI GRAMIN BANK SUING BY ITS MANAGER, KALAMMA STREET BRANCH, BALLARI-583 101. … RESPONDENTS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE FOR R1; SRI. A.P. KAMOJI, ADVOCATE FOR R2) THIS RFA CROB. IN RFA NO.100541/2018 IS FILED UNDER ORDER 41 RULE 22 OF CPC, 1908, PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 10.11.2017 PASSED IN O.S. NO.191/2013 ON THE FILE OF THE FIRST ADDL. SENIOR CIVIL JUDGE, AT BALLARY AND DIRECT THE DEFENDANT NO.2 AND PLAINTIFF TO PAY THE SUM OF RS.9,00,000/- @ OF 8% PA FROM - 3 - HC-KAR NC: 2025:KHC-D:9117 RFA No. 100541 of 2018 C/W RFA.CROB No. 100012 of 2023 THE DATE OF ORDER TILL REALIASITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL AND CROSS OBJECTION ARE COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for the appellant has filed a memo for withdrawal of appeal. 2. It is submitted by the counsels for appellant and respondents that the disputes between the parties are settled by the trial Court before Lok-adalath in Execution Petition No.32/2018. Therefore, in view of the settlement, the appeal and cross objection does not survive for consideration. 3. The memo is placed on record. 4. In view of the memo, the appeal and cross objection are dismissed as they do not survive for consideration. - 4 - HC-KAR NC: 2025:KHC-D:9117 RFA No. 100541 of 2018 C/W RFA.CROB No. 100012 of 2023 5. In RFA No.100541/2018, the appellant has deposited the amount of Rs.6,00,000/- and the same shall be refunded to the appellant. 6. Reimburse the entire Court fee paid by the respective appellant and cross objector with proper identification. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 3