- 1 - HC-KAR NC: 2025:KHC:43769-DB RFA No. 223 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 223 OF 2025 (MON) BETWEEN: SRI. DARSHAN MANAR S/O LATE N.N. DAYANANDA, AGED ABOUT 38 YEARS, RESIDING AT KUDIDELE ESTATE, RAYARAKOPPALU POST, K. HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT-573 129. …APPELLANT (BY SRI. YATHISHA K.J., ADVOCATE) AND: 1. SRI. A.G. HOOVER S/O LATE N.N. HOOVER, AGED ABOUT 60 YEARS, R/AT NO. 8, 1ST MAIN ROAD, LAZER LAYOUT, BENGALURU-560 005. 2. SMT. N. D. MANJULADEVI W/O LATE N.N. DAYANANDA, AGED ABOUT 52 YEARS, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43769-DB RFA No. 223 of 2025 R/AT. KUDIDELE ESTATE, RAYARAKOPPALU POST, K. HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT-573 129. 3. SRI. N. D. MADHUMITHRA S/O. LATE N.N. DAYANANDA, AGED ABOUT 30 YEARS, R/AT. KUDIDELE ESTATE, RAYARAKOPPALU POST, K. HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT-573 129. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND DECREE DATED 24.11.2017 PASSED IN OS.No.45/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, HASSAN, DECREEING THE SUIT FOR RECOVERY OF MONEY. 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 VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:43769-DB RFA No. 223 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellant has filed a memo seeking withdrawal of the appeal, which reads as under; "The Appellant most respectfully submits as follows: 1. That the above Regular First Appeal was filed challenging the judgment and decree dated 24.11.2017 passed in O.S. No.45/2009 on the file of the Principal Senior Civil Judge & CJM, Hassan, whereby the suit was partly decreed directing refund of a sum of ₹1,47,29,027/- with 9% interest. 2. That during the pendency of this appeal, the Hon'ble High Court in W.P. No.30827/2024 (GM-CPC) c/w W.P. No.32994/2024, by order dated 30.07.2025, has already adjudicated the issues concerning execution and auction sale, and remitted the matter back to the Executing Court with specific directions. 3. In view of the aforesaid order passed in the Writ Petition, the present Regular First Appeal has become infructuous and does not survive for consideration before this Hon'ble Court. 4. The Appellant has already paid Court fee of ₹3,91,522/- (Rupees Three Lakhs Ninety-One Thousand Five Hundred and Twenty-Two only) on the present appeal under the provisions of the Karnataka Court Fee & Suits Valuation Act, 1958. Since the appeal is being withdrawn as infructuous, the Appellant is entitled for refund of the Court fee in terms of Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958. Wherefore, the Appellant most respectfully prays that this Hon'ble Court may be pleased to: - 4 - HC-KAR NC: 2025:KHC:43769-DB RFA No. 223 of 2025 a) Permit the Appellant to withdraw the above Regular First Appeal as having become infructuous, in view of the order dated 30.07.2025 passed in W.P. No.30827/2024 c/w W.P. No.32994/2024; and b) Direct refund of the Court fee of ₹3,91,522/- already paid on the memorandum of appeal. c) Pass such other order/s as this Hon'ble Court deems fit in the interest of justice and equity." 2. Memo is placed on record. 3. In view of the memo, appeal is dismissed as withdrawn. Registry shall refund the eligible Court fee by following proper procedure and on due identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 33