- 1 - HC-KAR NC: 2025:KHC:43160-DB RFA No. 1311 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 1311 OF 2015 (SP-) BETWEEN: H B SOMASHEKAR S/O BEERAPPA AGED ABOUT 40 YEARS RA/T D.NO.2715 MARUTHI BADAVANE, HUNSUR CITY, MYSORE DISTRICT - 571105. …APPELLANT (BY SRI. G BALAKRISHNA SHASTRY.,ADVOCATE) AND: 1. D RAJASHEKAR S/O LATE DEVAPPA AGED ABOUT 45 YEARS R/T KAMADHENU FARUM CHIKKAHUNSUR, HUNSUR CITY MYSURU DISTRICT-571105. 2. END TIME FULL GOSPEL HARVESTERS INDIA, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43160-DB RFA No. 1311 of 2015 HUNSUR REP BY MR. K. STEVEN SURESH RA/T D.NO.3868, GUKULAM ROAD, NEW RATHNAPURI ROAD, HUNSUR-571105 MYSORE DISTRICT. …RESPONDENTS (BY SRI.E. VEERESHA., ADVOCATE FOR R1; SRI. SUNDAR RAJ., ADVOCATE FOR R2) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.09.2015 PASSED IN OS.NO.16/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AT HUNSUR, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:43160-DB RFA No. 1311 of 2015 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The appellant is unsuccessful in the suit for specific performance in O.S.No.16/2013 on the file of the Senior Civil Judge, Hunsur, [for short, 'the Civil Court'] with the Civil Court dismissing his suit by the impugned judgment and decree dated 01.09.2015. Presently, the appellant has filed a memo which reads as under: "The Counsel for the Appellant submits that since the parties to the above Appeal have amicably settled the dispute out of court, this Hon'ble Court may kindly be pleased to dismiss the above appeal as withdrawn in the interest of justice and equity. It is prayed that in view of amicable settlement, this Hon'ble Court may kindly order the refund of the Court Fee paid by the Appellant as permissible under the law in the interest of justice and equity." The learned counsels for the parties reiterate that the parties have settled the dispute out of Court - 4 - HC-KAR NC: 2025:KHC:43160-DB RFA No. 1311 of 2015 and the appeal could be dismissed accordingly. In view of the afore, the appeal is dismissed, and in view of the amended provisions to Section 66(2) of the Karnataka Court Fees and Suits Valuation Act, 1958, the Registry is directed to refund the entire Court fee to the appellant. With this dismissal order, all interim orders stand dissolved. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE SA ct:sr