- 1 - HC-KAR NC: 2025:KHC:33356 R.S.A. No.1622/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA REGULAR SECOND APPEAL NO.1622/2022 BETWEEN: MR. AFSAR PATEL S/O JAFFER PATEL AGED ABOUT 47 YEARS RESIDING AT DOOR NO.3-150 NEAR SURALPADY MASJID HOUSE KINNIKAMBLA POST BADAGULIPADY VILLAGE KANDAVARA, MANGALURU D.K. DISTRICT-574 151. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G, ADV.,) AND: 1. MRS. THERESA REGO AGED ABOUT 79 YEARS. 2. MR. CYRIL REGO AGED ABOUT 59 YEARS. 3. MR. VALERIAN REGO AGED ABOUT 57 YEARS. 4. MRS. LOUIZA REGO AGED ABOUT 54 YEARS. 5. MRS. LILLY REGO AGED ABOUT 52 YEARS. 6. MRS. FLORIN REGO AGED ABOUT 50 YEARS. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:33356 R.S.A. No.1622/2022 7. MR. ROQUE REGO AGED ABOUT 48 YEARS. 8. MR. MAXIM REGO AGED ABOUT 45 YEARS. 9. MRS. VEEDA REGO AGED ABOUT 44 YEARS. 10. MR. RAJESH REGO AGED ABOUT 40 YEARS. 11. MR. DEEPAK REGO AGED ABOUT 38 YEARS. RESPONDENT NO.1 IS THE WIFE AND RESPONDENTS NO.2 TO 11 ARE THE CHILDREN OF LATE JOSEPH REGO. ALL ARE RESIDING AT SURALPADY BADAGULIPADY VILLAGE MANGALURU TALUK D.K. DISTRICT-574 151. …RESPONDENTS (BY SRI. SUBRAMANYA BHAT P, ADV., FOR C/R1-R11) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 26.09.2022 IN RA NO.85/2022 PASSED BY THE COURT OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, MANGALURU, D.K. CONFIRMING THE ORDER DATED 10.08.2022 IN EXECUTION CASE NO.146/2016 ON THE OBSTRUCTION PETITION FILED BY THE APPELLANT UNDER ORDER XXI RULE 97 R/W SECTION 151 OF CPC PASSED BY THE COURT OF THE PRL. CIVIL JUDGE & JMFC MANGALURU, D.K. AND THE PETITION FILED BY THE APPELLANT UNDER ORDER XXI RULE 97 R/W SECTION 151 MAY BE ALLOWED AS PRAYED BY ALLOWING THIS APPEAL WITH COSTS THROUGH OUT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:33356 R.S.A. No.1622/2022 ORAL JUDGMENT Memo filed is taken on record. Appeal is dismissed as it has rendered infructuous in view of the amicable settlement among the parties. Sd/- (V. SRISHANANDA) JUDGE RV List No.: 1 Sl No.: 61