- 1 - HC-KAR NC: 2025:KHC:49826-DB RFA No. 2073 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.2073 OF 2024 (DEC/INJ) BETWEEN: 1. MR. R.P. TRIVIKRAM S/O. LATE PRABHAKAR RAO, AGED ABOUT 73 YEARS, RESIDING AT NO.8, 6TH CROSS, AMARJYOTHI NAGAR, VIJAYNAGAR, BENGALURU-560 040. 2. MRS. SUDHA TRIVIKRAM W/O. MR. R. P. TRIVIKRAM, AGED ABOUT 69 YEARS, RESIDING AT NO.8, 6TH CROSS, AMARJYOTHI NAGAR, VIJAYNAGAR, BENGALURU-560 040. 3. SRI. R. V. RAGHAVENDRA S/O. SRI. VEPRAKALLACHAR, AGED ABOUT 69 YEARS, R/AT NO.91/2, 'PARIMALA', BETWEEN 11TH AND 13TH CROSS, 4TH MAIN, MALLESHWARAM, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49826-DB RFA No. 2073 of 2024 BENGALURU-560 003. 4. W. P. KRISHNA S/O. SRI. W. H. PUTTAIAH, AGED ABOUT 58 YEARS, RESIDING AT NO. 391/1, 8TH ROSS, 13TH MAIN, RMV EXTENSION, BENGALURU-560 080. 5. SMT. R. P. URMILA D/O. SRI. LATE R. V. PRABHAKAR RAO, AGED ABOUT 68 YEARS, R/AT FLAT NO.202, B BLOCK, SWAMY TOWERS, 5/5, B. P. WADIA ROAD, BASAVANAGUDI, BENGALURU-560 004. 6. R. T. BHAVANA W/O. ADITYA. P. K., AGED ABOUT 36 YEARS, R/AT NO. 8, 6TH CROSS, AMARJYOTHI NAGAR, VIJAYANAGAR, BENGALURU-560 040. 7. R.T. ABHIJIT S/O. R. P. TRIVIKRAM, AGED ABOUT 42 YEARS, R/AT 1418, WEST LEXINGTON STREET, UNIT 2-F, CHICAGO, ILLINOIS, USA 60607. - 3 - HC-KAR NC: 2025:KHC:49826-DB RFA No. 2073 of 2024 REPRESENTED BY HIS POA HOLDER, MR. R. P. TRIVIKRAM. 8. MR. H. K. NANJUNDASWAMY S/O. LATE H. KAPANIPATHI BHATTA, AGED ABOUT 96 YEARS, NO.297, 7TH BLOCK, JAYANAGAR, KANAKPURA ROAD, BENGALURU-560 082. NOTE: SENIOR CITIZENS BENEFIT NOT CLAIMED IN THIS APPEAL …APPELLANTS (BY SRI. BHARGAVA D. BHAT, ADVOCATE) AND: 1. MYSORE STONEWARE PIPES AND POTTERIES LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REGISTERED OFFICE AT: NO.452, 11TH CROSS, 6TH MAIN, SADASHIVANAGAR, BANGALORE-560 080, REPRESENTED BY ITS DIRECTOR. 2. THE STATE BANK OF MYSORE EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LIMITED A REGISTERED CO-OPERATIVE SOCIETY, REGISTERED OFFICE AT NO.218, 2ND CROSS, 2ND MAIN, SBM COLONY, - 4 - HC-KAR NC: 2025:KHC:49826-DB RFA No. 2073 of 2024 BANASHANKARI 1ST STAGE, BANGALORE-560 050, REPRESENTED BY ITS PRESIDENT/SECRETARY. 3. SRI. RAJEEV RAMUHALLI EXECUTIVE DIRECTOR, MYSORE STONEWARE PIPES AND POTTERIES LIMITED, NO.452, 11TH CROSS, 6TH MAIN, SADASHIVANAGAR, BANGALORE-560 080. …RESPONDENTS (BY SRI. MAHESH ARKALGUD SRIKANTH.,ADV. FOR R1 & R3; R2 - SERVED) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE ORDER DATED 01.03.2024 PASSED ON I.A.NO.III IN OS.NO.1740/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.NO.3 FILED UNDER ORDER VII RULE 11(a) AND (d) 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 ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR NC: 2025:KHC:49826-DB RFA No. 2073 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellants has filed a memo seeking leave of the Court to withdraw the appeal, which reads as under; "The undersigned most respectfully submits that a settlement has been arrived at between the Appellants and the 1st Respondent in a collateral matter. In view of the said fact and in order to give effect to the settlement s0 arrived at, the Appellants seek the leave of this Hon'ble Court to withdraw the present Appeal and it is prayed that this Hon'ble Court be pleased to dismiss the above Appeal as withdrawn to serve the interests of justice and equity." 2. Memo is placed on record. 3. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 4 Sl No.: 1