- 1 - HC-KAR NC: 2025:KHC:29682-DB RFA No. 1365 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1365 OF 2018 (PAR) BETWEEN: 1. SMT. SHIVALINGAMMA AGED ABOUT 72 YEARS W/O LATE HUCCHIRAPPA @ HUCCHIRAIAH R/AT. HORALAGULLU KANAKAPURA TALUK BENGALURU DISTRICT-562 117 REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI. B.M. KARUNESH S/O B.M. MADAIAH 2. M/S. EARNEST CONSTRUCTIONS PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF INDIA COMPANIES ACT HAVING ITS OFFICE AT No.10, VITTAL MALLYA ROAD BENGALURU-560 001 REPRESENTED BY ITS DIRECTOR SRI. B.M. KARUNESH S/O SRI. B.M. MADAIAH …APPELLANTS (BY SRI. V.B. SHIVA KUMAR, ADVOCATE) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29682-DB RFA No. 1365 of 2018 AND: 1. SRI. MUNICHINNAPPA AGED ABOUT 46 YEARS S/O LATE CHIKKAGUNDAPPA R/AT. BHOGANAHALLI VILLAGE PANATHUR POST VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 067 2. SMT. MUNIYAMMA AGED ABOUT 52 YEARS D/O LATE CHIKKAGUNDAPPA R/AT BHOGANAHALLI VILLAGE PANATHUR POST VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 067 3. SMT. MUNIRATHNAMMA AGED ABOUT 48 YEARS D/O LATE CHIKKAGUNDAPPA W/O LATE M. MURTHY R/AT. BHOGANAHALLI VILLAGE PANATHUR POST VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 067 4. SRI. M. NARAYANASWAMY AGED ABOUT 62 YEARS S/O LATE MUTHAPPA R/AT. JUNNASANDRA VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 067 5. SRI. D.S. SHIVAKUMAR MAJOR BY AGE S/O SIDDAPPA - 3 - HC-KAR NC: 2025:KHC:29682-DB RFA No. 1365 of 2018 R/AT No.235, 6TH CROSS, 1ST PHASE 2ND STAGE, BTM LAYOUT BENGALURU-560 074 6. SMT. SARALA MAJOR BY AGE W/O RAVICHANDRAN R/AT No.235 6TH CROSS, 1ST PHASE 2ND STAGE, BTM LAYOUT BENGALURU-560 074 …RESPONDENTS (BY SRI. KRISHNA R., ADVOCATE FOR R1 TO R3; SRI. VISHWANATH R. HEGDE, ADVOCATE FOR R6; R4 SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SEC.96(1) OF CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 30.06.2017 PASSED IN OS No.4026/2014 ON THE FILE OF THE X ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 4 - HC-KAR NC: 2025:KHC:29682-DB RFA No. 1365 of 2018 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellants has filed a compromise petition and a memo stating that the inter-se dispute between the parties have been amicably settled in FDP No.62/2018 passed by the Principal City Civil and Sessions Judge, Bengaluru. 2. The memo along with the compromise petition is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn. The Court fee shall be refunded as applicable. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK,List No.: 3 Sl No.: 21