- 1 - HC-KAR NC: 2025:KHC:28803 RFA No. 862 of 2013 C/W RFA No. 826 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 862 OF 2013 (DEC-INJ) C/W REGULAR FIRST APPEAL NO. 826 OF 2013 (DEC-INJ) IN RFA NO. 862/2013 BETWEEN: 1. SMT S H SHARADA SINCE DEAD BY HER LR’S B K SRINIVAS S/O LATE KUMARASWAMY AGED ABOUT 37 YEARS 2. B K SMITHA D/O LATE KUMARASWAMY AGED ABOUT 35 YEARS. 3. B K SUNIL S/O LATE KUMARASWAMY AGED ABOUT 33 YEARS ALL ARE R/O NO.10, BEHIND L.I.G 14 BOGADI 2ND STAGE MYSORE-570026. …APPELLANTS (BY SRI. B M MOHAN KUMAR., ADVOCATE) AND: 1. SMT BHARATHI SWAMY W/O SRI H S NANJUNDASWAMY Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28803 RFA No. 862 of 2013 C/W RFA No. 826 of 2013 AGED ABOUT 52 YEARS R/AT NO 2410 I CROSS HOSABANDIKERI K R MOHALLA MYSORE-570001. 2. SRI H S NANJUNDASWAMY PRESIDENT CITY STATE BANK OF MYSORE AND OTHER BANK EMPLOYEE HOUSING CO-OPERATIVE SOCIETY NO 2410, I CROSS, HOSABANDIKERI K R MOHALLA, MYSORE-570001. 3. SMT MARIDEVAMMA @ MAHADEVAMMA (SINCE DEAD) W/O LATE THIMMAIAH @ THIMMEGOWDA AGED ABOUT 79 YEARS 4. SRI BASAVAIAH (SINCE DEAD) REP BY HIS LRS 4(A) SMT SUDHAMANI AGED ABOUT 62 EYARS W/O LATE T BASAVAIAH R/AT # 2858 3RD CROSS 2ND MAIN JAYANAGAR, MYSORE. 4(B) SMT NANDINI W/O SRI S M HARI KUMAR AGED ABOUT 47 YEARS R/AT NO 386, 4TH MAIN T K LAYOUT, MYSORE-570001. 4(C) SMT SHALINI AGED ABOUT 37 YEARS W/O SRI PRAKASH R/AT # 2368 - 3 - HC-KAR NC: 2025:KHC:28803 RFA No. 862 of 2013 C/W RFA No. 826 of 2013 NEW KANTHARAJA URS ROAD MYSORE- 570001. 5. SRI B NANDISH S/O SRI BASAVAIAH AGED ABOUT 33 YEARS R3 TO R5 ARE R/AT NO 2858 3RD CROSS II MAIN ROAD JAYANAGAR, MYSORE-570001. …RESPONDENTS (BY SRI. G M SHARATH KUMAR, ADVOCATE FOR R1: R4(A)(C) & R5 ARE SERVED R2 & R3 ARE DEAD) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.04.2013, PASSED IN O.S.NO.773/2006 ON THE FILE OF PRL. JUDGE, SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR DECLARATION AND POSSESSION. IN RFA NO. 826/2013 BETWEEN: 1. SMT S H SHARADA SINCE DEAD BY HER LR’S B K SRINIVAS S/O LATE KUMARASWAMY AGED ABOUT 37 YEARS 2. B K SMITHA D/O LATE KUMARASWAMY AGED ABOUT 35 YEARS. - 4 - HC-KAR NC: 2025:KHC:28803 RFA No. 862 of 2013 C/W RFA No. 826 of 2013 3. B K SUNIL S/O LATE KUMARASWAMY AGED ABOUT 33 YEARS ALL ARE R/O NO.10, BEHIND L.I.G 14 BOGADI 2ND STAGE MYSORE-570026. ...APPELLANTS (BY SRI. B M MOHAN KUMAR.,ADVOCATE) AND: 1. SMT.BHARATHI SWAMY W/O SRI H.S. NANJUNDASWAMY AGED ABOUT 52 YEARS R/A NO.2410, I CROSS HOSABANDIKERI K.R. MOHALLA, MYSORE-570101. 2. SRI H.S. NANJUNDASWAMY PRESIDENT CITY STATE BANK OF MYSORE AND OTHER BANK EMPLOYEES HOUSING COOPERATIVE SOCIETY, NO.2410, I CROSS HOSABANDIKERI, K.R. MOHALLA MYSORE-570101. SMT. MARIDEVAMMA @ MAHADEVAMMA (SINCE DEAD) W/O LATE THIMMAIAH @ THIMMEGOWDA REP BY R3 TO R5 SRI BASAVAIAH (SINCE DEAD) REP. BY HIS LR’S R3 TO R5 3 SMT. SUDHAMANI AGED ABOUT 62 YEARS W/O LATE T. BASAVAIAH - 5 - HC-KAR NC: 2025:KHC:28803 RFA No. 862 of 2013 C/W RFA No. 826 of 2013 R/A #2858, 3RD CROSS, 2ND MAIN JAYANAGAR, MYSORE- 570101. 4. SMT. NANDINI W/O SRI SM. HARI KUMAR AGED ABOUT 47 YEARS R/A NO.386, 4TH MAIN T.K. LAYOUT, MYSORE. 5. SMT. SHALINI AGED ABOUT 37 YEARS W/O SRI PRAKASH R/AT #2368, NEW KANTHARAJA URS ROAD MYSORE-570101. 6. SRI B. NANDISH S/O SRI BASAVAIAH AGED ABOUT 33 YEARS R/A NO.2858, 3RD CROSS II MAIN ROAD, JAYANAGAR MYSORE-570101. ...RESPONDENTS (BY SRI. RAVINDRA BABU., ADVOCATE FOR R1: SRI M KRISHNAPPA, ADVOCATE FOR R6: R3 & R5 ARE SERVED R2 IS DECEASED) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 03.04.2013 PASSED IN O.S.NO.773/2006 ON THE FILE OF COURT OF SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR DECLARATION AND POSSESSION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 6 - HC-KAR NC: 2025:KHC:28803 RFA No. 862 of 2013 C/W RFA No. 826 of 2013 ORAL JUDGMENT 1. The learned counsel for the appellants has filed a memo dated 18.07.2025 in both the appeals seeking leave of this Court to withdraw the appeals on the ground that the parties have settled the matter out of court. 2. The memo is placed on record. 3. Accordingly, the appeals are dismissed as withdrawn. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 21