- 1 - HC-KAR NC: 2026:KHC:28298 RSA No. 1124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1124 OF 2025 (MON) BETWEEN: SMT H P HIMAKANTHI W/O K H RAMESH KUMAR, AGED ABOUT 45 YEARS, R/A 10TH CROSS, SAMRUDDHI NILAYA, SHANTHINAGAR, HASSAN -573 202. …APPELLANT (BY SRI GOPALA, ADVOCATE) AND: SMT N V PUSHPA W/O D M KENCHAPPA, AGED ABOUT 64 YEARS, ADVOCATE, R/A SALAGAME ROAD, O B P BUILDING HASSAN -573219. …RESPONDENT (BY SRI. OMKAR BASAVA PRABHU, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 12.10.2022 PASSED IN RA NO.108/2015 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 9.10.2015 PASSED IN OS NO.541/2010 ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28298 RSA No. 1124 of 2025 THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Parties were directed to be present before the Court to find out the feasibility of amicable settlement. 2. Parties are present before the Court today. 3. An apology by way of written affidavit tendered by the appellant, copy of which is furnished to the respondent. 4. Respondent is present before the Court who is the decree holder; by placing the apology on record, counsel for appellant would submit that the decree passed by the First Appellate Court directed the appellant to pay sum of Rs.25,000/- as damages may be set aside. 5. A memo is filed by the counsel for respondent signed by the respondent as well accepting the written apology filed by the appellant. 6. Placing the written apology filed by the appellant and a memo for accepting the written apology filed by the - 3 - HC-KAR NC: 2026:KHC:28298 RSA No. 1124 of 2025 respondent, the damages ordered by the learned First Appellate Judge is hereby set aside. 7. Office is directed to pass modified decree placing the written apology on record. 8. Accordingly, appeal stands disposed of. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 90