- 1 - HC-KAR NC: 2025:KHC:41328-DB R.F.A. No.133/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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.133/2025 (POS) BETWEEN: SRI. M. MANJUNATHA S/O LATE MINYAPPA .M AGED ABOUT 58 YEARS RESIDING AT OLD NO.246 NEW NO.21/40, 18TH MAIN 2ND CROSS, SUBRAMANYA NAGAR BENGALURU-560021. …APPELLANT (BY SRI. G.R. MOHAN, ADV.,) AND: 1. SRI. R. RANGEGOWDA AGED ABOUT 66 YEARS S/O LATE RANGAPPA R/AT. NO.16, 18TH CROSS BHUVANESHWARINAGAR K P AGRAHARA, MAGADI ROAD BENGALURU-560023. 2. THE REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE BBMP WARD NO.66, MALLESWARAM BENGALURU-560003. 3. THE ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41328-DB R.F.A. No.133/2025 BBMP WARD NO.66, MALLESWARAM BENGALURU-560003. …RESPONDENTS (BY SRI. V.R. BALARAJ, ADV., FOR CAVEATOR A1 SRI. BATHE GOWDA K.V. ADV., FOR A2 & A3) THIS RFA IS FILED UNDER SECTION 96 AND ORDER 41, RULE 1 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR RECORDS IN O.S.No.25731/2024 ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.29) HEAR THE PARTIES AND SET ASIDE THE ORDER ON IA NO.3 OF 2024 FILED BY THE 1ST RESPONDENT UNDER ORDER VII RULES 11(a) AND (d) OF THE CODE OF CIVIL PROCEDURE FOR REJECTION OF PLAINT BY THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-29) AT MAYO HALL BENGALURU, DATED 04.01.2025 O.S.NO.25731/2024 IN THE INTEREST OF JUSTICE AND EQUITY. 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:41328-DB R.F.A. No.133/2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant has filed a memo dated 16.10.2025 seeking leave of the Court to withdraw the appeal as the matter is settled out of the Court. 2. The memo reads as under: "1. The Appellant respectfully submits that at the intervention of well wishers the Appeal is settled out of court. The Appellant therefore prays that this Hon'ble Court be pleased to permit the Appellant to withdraw the above Appeal as settled out of Court. The Appellant submits that he will confirm the rights in respect of the suit property in favour of the 1st Respondent. 2. The Appellant therefore prays that this Hon'ble Court be pleased to dismiss the Appeal as withdrawn in the interest of justice and equity. 3. The Appellant prays that in view of the settlement reached out of court half of the institution fee (Court Fee) may please be ordered to be refunded to the Appellant by the Registry." 3. Memo is recorded. 4. Accepting the memo filed by the appellant, the appeal is dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC:41328-DB R.F.A. No.133/2025 Registry shall refund the Court fee as applicable in accordance with law, on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 20