- 1 - HC-KAR NC: 2025:KHC:37665 RFA No. 459 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 459 OF 2009 (PAR) BETWEEN: H V SRIDHAR KUMAR S/O LATE SRI H.VISHWANATHA SETTY R/AT NO. 372/B, (CH-38) CHAMARAJA DOUBLE ROAD NEAR RAMASWAMY CIRCLE MYSORE 570 002. …APPELLANT (BY SRI. KESTHUR N CHENDRA SHEKHER., ADVOCATE) AND: 1. H A NIKHIL KUMAR MINOR, AGED 9 YEARS, S/O LATE SRI H.V.ASHOK KUMAR REP.BY MOTHER AND NATURAL GUARDIAN SMT. SANDHYA LAKSHMI ALIAS SMT SANDHYA R/AT NO. EWS-54,(1ST FLOOR) 3RD STAGE, 2ND MAIN GOKULA EXTENSION, MYSORE 570002. 2. SMT RAJAMMA AGED 71 YEARS W/O LATE SRI H.VISHWANTAHA SETTY R/AT PLOT NO.1029, NO.203 3RD FLOOR MERIDIAN APARTMENTS GEETA ROAD, MYSORE 570 002. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37665 RFA No. 459 of 2009 3. SMT NAGAVENI AGED 35 YEARS D/O SRI H.VISHWANTAHA SETTY W/O SRI S.K.SETTY R/AT DOOR NO.3159 R.T.ROAD,NANJANGUD 571 301 4. SMT UMA 46 YEARS D/O LATE H.VISHWANTAHA SETTY W/O SRI S.BALASUBRAMANYAM R/AT DOOR NO.1029, NO.203 3RD FLOOR MERIDIAN APARTMENTS GEETHA ROAD,MYSORE 570 002. 5. SMT JAYASHREE AGED 30 YEARS D/O LATE H.VISHWANTHA SETTY W/O SRI NAGARAJA SETTY PWD CONTRACTOR RAVI PROVISION STORES SANTHEPET,NITTOR 572 223 GUBBI TALUK, TUMKUR DISTRICT. …RESPONDENTS (BY SRI. P NATARAJU, ADVOCATE FOR R1: SRI B PRAMOD, ADVOCATE FOR R2 TO R5) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:29.11.2008 PASSED IN OS.NO.431/2004 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SR. DN.) & CJM, MYSORE, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2025:KHC:37665 RFA No. 459 of 2009 ORAL JUDGMENT The learned counsel for the parties submit that the parties have settled the matter before the Mediation Centre. 2. A Memorandum of Settlement is filed under Section 89 of CPC r/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The same is extracted below: “I. The appellant has filed the above RFA against the order passed in O.S.No.431/2004 on the file of II Addl. Civil Judge (Sr.Division) and Chief Judicial Magistrate, Mysore for set aside the judgment and decree dated 29.11.2008 made in the said suit and dismiss the said suit by allowing this appeal with costs. II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the appellant and the respondent No.1 and their respective advocates were present to dissolve their disputes. The advocate for appellant has expired therefore the appellant has engaged Sri.D.K.Lokesh to appear on behalf of appellant - 4 - HC-KAR NC: 2025:KHC:37665 RFA No. 459 of 2009 and hence they have resolved their disputes out of court settlement and further the appellant wants to withdraw the above Regular First Appeal and respondent No.1 herein have no objection for the same. III. In the view of the nature of the settlement arrived between the parties presence of the respondent 2 to 5 may not be required for the withdrawal of the above appeal. IV. The appellant and respondent No.1 have agreed to file a memo for withdrawal before the Hon'ble Court. V. In view of the aforesaid agreement, both the parties pray that this Hon'ble Court may be pleased to appropriate orders, in terms of the aforesaid agreement. VI. In view of the aforesaid agreement, the appellant prays for refund of the court fee. VII. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement.” 3. In view of the above, the appeal is dismissed as withdrawn. - 5 - HC-KAR NC: 2025:KHC:37665 RFA No. 459 of 2009 4. The office is directed to refund the court fee to the appellant, after due verification. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 43