- 1 - HC-KAR NC: 2025:KHC-D:7341-DB RFA No. 100463 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 100463 OF 2022 (SP) BETWEEN: SRI. CHANDRAKANT JAIN S/O. CHUNNILAL JAIN, AGE: 58 YEARS, OCC. BUSINESS, R/O. KUSUGAL ROAD, HUBBALLI, HUBBALLI TALUK, DHARWAD DISTRICT. 580009. …PETITIONER (BY SRI. GANGADHAR J. M., ADVOCATE) AND: 1. MALTESH GUDENKATTI S/O. NAGAPPA GUDENKATTI, AGE: 57 YEARS, OCC. CONTRACTOR, R/O. PLOT NO. 93, VINAYAK NAGAR, VINAYAK NAGAR, HUBBALLI, HUBBALLI TALUK, DHARWAD DISTRICT-580021. 2. CANARA BANK REP. BY ITS BRANCH MANAGER, TRAFFIC ISLAND, HUBBALLI, HUBBALLI TALUK, DHARWAD DISTRICT. 3. BHOOMIKA GUDENKATTI D/O. MALTESH GUDENKATTI, AGE: 19 YEARS, OCC. STUDENT, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2025.06.06 10:56:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7341-DB RFA No. 100463 of 2022 R/O. PLOT NO.93, VINAYAK NAGAR, HUBBALLI, HUBBALLI TALUK, DHARWAD DISTRICT-580021. 4. SNEHA GUDENKATTI D/O. MALTESH GUDENKATTI, AGE: 15 YEARS, OCC. STUDENT, R/O. PLOT NO.93, VINAYAK NAGAR, HUBBALLI, HUBBALLI TALUK, DHARWAD DISTRICT-580021. 5. JAHNAVI GUDENKATTI D/O. MALTESH GUDENKATTI, AGE: 17 YEARS, OCC. STUDENT, R/O. PLOT NO.93, VINAYAK NAGAR, HUBBALLI, HUBBALLI TALUK, DHARWAD DISTRICT-580021. SINCE RESPONDENT NO.4 AND 5 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN SMT. NEELA W/O. MALTESH GUDANKETTI, AGE: 48 YEARS, OCC. HOUSEHOLD, R/O. VINAYAK NAGAR, HUBBALLI. …RESPONDENTS (BY SRI. GURUDEV GACHCHINAMATH, ADVOCATE FOR R1; SRI. H.R. BENTUR & SRI. P.R. BENTUR, ADVOCATE FOR R2; SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R3 TO R5) THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908, PRAYING TO CALL FOR RECORDS ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, HUBBALLI IN O.S.NO.280/2012 AND SET ASIDE THE JUDGMENT AND DECREE DATED 01.07.2022 IN O.S.NO.280/2012 BY ALLOWING THIS APPEAL IN ENTIRELY IN INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC-D:7341-DB RFA No. 100463 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal on the ground that the parties have settled the matter before the Trial Court. Learned counsel for the respondent is present and submits that the suit also be dismissed as withdrawn. Memo is taken on record. In view of the memo, the appeal stands dismissed as withdrawn. The suit of the plaintiff also stands dismissed as withdrawn. Office is directed to refund the Court fee as is permissible in law and return the original documents of title of the suit schedule property to the respondent No.1. Sd/- (R.NATARAJ) JUDGE Sd/- (RAJESH RAI K) JUDGE YAN, CT:PA LIST NO.: 1 SL NO.: 28