- 1 - HC-KAR NC: 2026:KHC:32734-DB RFA No. 1946 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 1946 OF 2025 (PAR) BETWEEN: MRS. MALACHIRA KANTHI AIYAPPA D/O LATE CHENDANDA MUTHAPPA W/O DR. MALACHIRA AIYAPPA AGED ABOUT 62 YEARS, RESIDING A ANGEL FIELD ESTATE, GUYYA VILLAGE, VIRAJPET TALUK SOUTH KODAGU-571253 …APPELLANT (BY MS. AKSHATA BENEGAL AND MS. MANJUSHA B.S., ADVOCATES FOR SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: 1. MRS. NADIKERIYANDA JYOTHI PONNAPPA D/O LATE CHENDANDA MUTHAPPA W/O MR. NADIKERIYANDA A. PONNAPPA AGED ABOUT 66 YEARS, RESIDING A ANGEL FIELD ESTATE, GUYYA VILLAGE, VIRAJPET TALUK SOUTH KODAGU-571253 Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32734-DB RFA No. 1946 of 2025 2. MRS. URMILA PONNAPPA D/O NADIKERIYANDA PONNAPPA AGED ABOUT 46 YEARS, RESIDING AT R/A 33, CLUB STREET 07-19, EMERALD GARDEN APARTMENTS, SINGAPORE-069415 3. DR. MALACHIRA AIYAPPA @ NANDA S/O LATE MALACHIRA KARIAPPA AGED ABOUT 70 YEARS, RESIDING AT ANGEL FIELD ESTATE, POSTAL ADDRESS NANDA CLINIC MYSORE ROAD SIDDAPUR SOUTH KODAGU-571253 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DT.29.01.2025 PASSED IN OS.NO.189/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, VIRAJPET, DISMISSING THE SUIT FOR RELIEF OF DECLARATION. 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 VENKATESH NAIK T - 3 - HC-KAR NC: 2026:KHC:32734-DB RFA No. 1946 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellant submits that the matter has been settled out of the Court and that the memo for withdrawal is filed in the matter. 2. Accepting the memo filed by the learned counsel for the appellant, the appeal is dismissed as withdrawn. 3. Applicable Court fee shall be refunded to the appellant on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RAK List No.: 3 Sl No.: 2