- 1 - HC-KAR NC: 2025:KHC:41340 RFA No. 849 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 849 OF 2017 (PAR) BETWEEN: SMT CHIKKA AMMAIAH W/O CHANDRAPPA AGED ABOUT 58 YEARS, RESIDING AT AREHALLI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK- 562107. …APPELLANT (BY SRI. P B RAJU., ADVOCATE) AND: 1. SMT MARAKKA W/O KARIYAPPA, AGED ABOUT 60 YEARS, KARPURA VILLAGE, KASABA HOBLI, ANEKAL TALUK- 562106. 2. SRI. NANJUNDAPPA S/O LATE KAKANNA AGED ABOUT 58 YEARS, DASANAPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK- 562107. 3. SMT. RATHNAMMA W/O RAMANNA AGED ABOUT 54 YEARS, DODDA ELASAGERE, MOKANDAHALLI POST, HOSUR TALUK. T.M- 560 030. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41340 RFA No. 849 of 2017 …RESPONDENTS (BY SRI. B.RAMESH., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DTD 05.04.2017 PASSED ON IA.NO.15 IN OS.NO.605/2007 ON THE FILE OF THE SENIOR CIVIL JDUGE, ANEKAL., ALLOWING THE IA.NO.15 FILED UNDER ORDER 7 RULE 11 (a) &(d) READ WITH SECTION 151 OF CPC FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for respondent No.2 has filed a memo dated 09.10.2025, which reads as under: "1. The respondent No.2 above name respectfully submits that, the appeal filed by the appellant has become infructuous in view of the fact that both the appellant and 2nd respondent has settled the dispute amicably among themselves in respect of the suit schedule properties wherein the appellant has executed a registered relinquishment deed wherein the appellant had relinquished her valid right, title and interest over the suit schedule properties in respect of the suit schedule properties and consequently, 2nd respondent out of his love and affection towards appellant had gifted some of the suit schedule properties which was also registered and the said relinquishment deed and gift - 3 - HC-KAR NC: 2025:KHC:41340 RFA No. 849 of 2017 deed was duly registered on 24.09.2025 and the appellant has accepted the same. The copies of the release deed and gift deed is produced along this memo. 2. It is submitted that, in view of the same the appeal filed by the appellant has become infructuous. Hence, in view of the same this memo may be accepted, in the interest of justice and equity." 2. Suit in O.S.No.605/2007 for partition and separate possession, the Trial Court rejected the plaint under Order VII Rule 11 of CPC. 3. Learned counsel for respondent No.2 submits that the present appeal has become infructuous as the dispute had been amicably resolved between the appellant and respondent No.2. 4. In view of memo filed, the present appeal is dismissed as settled out of Court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 34