- 1 - HC-KAR NC: 2026:KHC:22942 RFA No. 1456 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO. 1456 OF 2013 (DEC/INJ) BETWEEN: 1. SRI. U.L.KEMPE GOWDA S/O LINGAIAH AGED ABOUT 40 YEARS RESIDING AT NO.763 "SAMRUDHI", 26TH MAIN 29TH CROSS, POORNAPRAGNA LAYOUT UTTARAHALLI, BANGALORE-560 061. …APPELLANT (BY SRI. G.V. SHASHI KUMAR, ADVOCATE) AND: 1. D.S.RAMAKUMAR S/O D.S.SAMPATH KUMAR AGED ABOUT 40 YEARS 2. SMT. D.R.PARVATHI DEVI W/O D.S.RAMAKUMAR AGED ABOUT 35 YEARS BOTH ARE R/AT NO.12 S-1, CHITRASREE ENCLAVE 1ST MAIN, 2ND BLOCK GANESHMANDIR ROAD THYAGARAJANAGAR Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22942 RFA No. 1456 of 2013 BANGALORE-560 028. 3. MR. KIRAN FATHERS NAME NOT KNOWN TO THE APPELLANT, MAJOR C/O NO.763, "SAMRUDHI" 26TH MAIN, 29TH CROSS POORNAPRAGNA LAYOUT UTTARAHALLI BANGALORE-560 061. 4. JAYARAM REDDY @ J.C.B.JAYARAM FATHERS NAME NOT KNOWN TO THE APPELLANT, MAJOR C/O NO.763, "SAMRUDHI" 26TH MAIN, 29TH CROSS POORNAPRAGNA LAYOUT UTTARAHALLI BANGALORE-560 061. …RESPONDENTS (BY SRI. B.R.VISHWANATH, ADVOCATE FOR C/R1 & R2; VIDE ORDER DATED 12.01.2016, NOTICE TO R3 & R4 IS HELD SUFFICIENT) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED IN O.S.8264/2008 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL COMING ON FOR FURTHER HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:22942 RFA No. 1456 of 2013 ORAL JUDGMENT Both the counsel for appellant as well as respondents submit that the matter has been settled out of Court and a memo dated 25.04.2026 is filed by the appellant in this regard and pray for dismissal of the appeal. Memo is taken on record. 2. Recording the submission of the counsel for the appellant, the appeal stands dismissed and the judgment and decree passed in O.S.No.8264/2008 on the file of the XVII Additional City Civil and Sessions Judge, Bengaluru (CCH-16), stands confirmed. Registry is directed to send back the TCR to the concerned trial Court. Pending I.As., if any, stand disposed of. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 77