- 1 - HC-KAR NC: 2026:KHC:22395 RSA No. 1914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1914 OF 2025 (DEC/INJ) BETWEEN: THIMMAPPA S/O. ERANAIKA AGED 59 YEARS AUTO DRIVER R/AT 1ST MAIN ROAD 2ND CROSS, BHEEMANERI SRIDHAR NAGARA SAGAR TOWN SHIVAMOGGA DISTRICT - 577 401. …APPELLANT (BY SRI S.V. PRAKASH, ADVOCATE) AND: HASSAN SAB S/O. GOUSE SAB, DEAD BY HIS LR'S. 1. SMT. RAZIYA BEGUM W/O LATE HASSAN SAAB AGED 72 YEARS R/AT GULAM MOHIDDIN ROAD NEHRU NAGAR, SAGAR - 577 401 SHIVAMOGGA DISTRICT. 2. SMT.ARSHIYA W/O. MOHEMMAD RAFIQ Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22395 RSA No. 1914 of 2025 AGED 47 YEARS R/O. SHANTINAGAR SAGAR - 577 401 SHIVAMOGGA DISTRICT. 3. ABDUL KHADER S/O. HASSAN SAAB AGED 45 YEARS R/O. GULAM MOHIDDIN ROAD NEHRU NAGAR, SAGAR - 577 401 SHIVAMOGGA DISTRICT. 4. MOHEMMAD FIAZ S/O. HASSAN SAAB AGED 43 YEARS R/O. ASHAD BABA NAGAR OYV MARKET BAHADDUR PURA - 500 064 HYDERABAD. 5. MOHEMMAD ILLIAS S/O. HASSAN SAB AGED 41 YEARS R/AT GULAM MOHIDDIN ROAD NEHRU NAGAR SAGAR - 577 401 SHIVAMOGGA DISTRICT. …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.10.2024 PASSED IN RA.NO.17/2023 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SAGAR AND CONFIRMING THE JUDGMENT AND DECREE DATED 19.09.2023 PASSED IN OS.NO.239/2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SAGAR AND ETC. - 3 - HC-KAR NC: 2026:KHC:22395 RSA No. 1914 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellant has filed a memo dated 06.04.2026 seeking withdrawal of the appeal on the ground that the dispute has been settled between the parties. The same is reported in Ex.P.No.33/2025. 2. The said memo signed by the appellant and the counsel is taken on record. Accordingly, this appeal is dismissed as withdrawn. In view of the dismissal of the appeal as having been settled out of the Court, the Court fee paid by the appellant shall be refunded upon the appellant furnishing the relevant Bank details within a period of one week from the date of filing of such details, by way of electronic transfer. - 4 - HC-KAR NC: 2026:KHC:22395 RSA No. 1914 of 2025 Pending interlocutory applications, do not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN\List No.: 1 Sl No.: 13