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2026 DAILYLAW 16506 (KAR)

SRI K RAMANATH, v. SRI. SOMANATH,

RFA/262/2025 · 2026-02-27

Anu Sivaraman, Vijaykumar A Patil

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12252-DB RFA No. 262 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 262 OF 2025 (PAR) BETWEEN: 1. SRI. K. RAMANATH S/O K.R. KRISHNASWAMY IYER AGED ABOUT 69 YEARS R/AT No.232, 14TH CROSS 5TH MAIN ROAD, M.C. LAYOUT VIJAYANAGAR, BENGALURU-560 040 2. SMT. GIRIJA VISHWANTH IYER W/O C.U. VISHWANTHA IYER AGED ABOUT 72 YEARS No.6, P.F. LAYOUT, 5TH CROSS MARON HOBLI, VIJAYANAGAR BENGALURU-560 040 3. MISS. SHILPA RAMANATH D/O K. RAMANATH AGED ABOUT 37 YEARS R/AT No.232, 14TH CROSS 5TH MAIN ROAD, M.C. LAYOUT VIJAYANAGAR BENGALURU-560 040 4. MISS. SNEHA D/O K. RAMANATH AGED ABOUT 33 YEARS R/AT No.232, 14TH CROSS 5TH MAIN ROAD, M.C. LAYOUT Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12252-DB RFA No. 262 of 2025 VIJAYANAGAR BENGALURU-560 040 …APPELLANTS (BY SRI. KAMALESHWARA POOJARY, ADVOCATE) AND: 1. SRI. SOMANATH S/O K.R. KRISHNASWAMY IYER AGED ABOUT 66 YEARS R/AT No.232, 14TH CROSS 5TH MAIN ROAD, M.C. LAYOUT VIJAYANAGAR, BENGALURU-560 040 2. M/S. SAMMY'S DREAMLAND PVT. LTD. OFFICE AT No.4, III FLOOR A.G.S. PLAZA, R.T. NAGAR BENGALURU-560 032 3. SRI. JITENDRA VIRWANI EMBASSY BOULEVARD BENGALURU-HYDERABAD HIGH WAY HUNSAMARNAHALLI NEAR AIR FORCE STATION YELAHANKA, BENGALURU NORTH BENGALURU-562 157 4. M/S. EMBASSY PROPERTY DEVELOPMENTS LTD. (FORMERLY KNOWN AS DYNASTY DEVELOPERS PRIVATE LTD.) REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR 1ST FLOOR, EXBASSY POINT 150, INFANTRY ROAD BENGALURU-560 001 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 16.12.2024 PASSED ON - 3 - HC-KAR NC: 2026:KHC:12252-DB RFA No. 262 of 2025 REVISION PETITION No.3 OF 20124 IN OS. No.250/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING THE REVIEW PETITION FILED UNDER SECTION 114 R/W SEC.114, 151, 152 AND 153 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellants seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The appellants in the above RFA most respectfully submit that the above matter has been settled between the parties and accordingly, the Appellants have filed memo for settlement before the Hon'ble Principal Senior Civil Judge, Devanahalli in FDP No.6/2025 and accordingly the said FDP proceedings has been closed vide order dated 28.10.2025. Wherefore, the Appellants in the above FDP most respectfully pray that this Hon'ble Court be - 4 - HC-KAR NC: 2026:KHC:12252-DB RFA No. 262 of 2025 pleased to dismiss the above RFA as withdrawn in the interest of justice and equity." 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 3 Sl No.: 23