- 1 - HC-KAR NC: 2026:KHC:34543 RSA No. 2427 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2427 OF 2018 (MON) BETWEEN: BANK OF BARODA SOODA BRANCH KARKALA TQ UDUPI DIST PIN: 574 116 BY ITS MANAGER MR. SHIVANANDA …APPELLANT (BY SRI. N. SUKUMAR JAIN, ADVOCATE) AND: 1. MR. KRISHNAPRAKASH A. P. AGED ABOUT 40 YEARS S/O ISHWARA BHAT. P C/O MR. SRINIVAS MAIYYA 2. MR. SRINIVAS MAIYYA AGED ABOUT 55 YEARS S/O LATE K H RAMACHANDRA MAIYYA BOTH ARE R/AT VARSHINI REFRESHMENT SALIGRAMA POST KUNDAPURA TALUK PIN: 576 221. 3. MR. NARAYANA HERALE P. MAJOR S/O LATE MANJUNATHA HERALE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34543 RSA No. 2427 of 2018 PARAMPALLI VILLAGE & POST UDUPI TALUK-5761 …RESPONDENTS (BY SRI. RAMESHA H.E., ADVOCATE FOR R3 (ABSENT) VIDE ORDER DATED 09.06.2026 APPEAL STANDS DISMISSED AS ABATED AGAINST R2 VIDE ORDER DATED 06.07.2026, APPEAL AGAINST R1 IS DISMISSED) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT DECREE DATED 23.08.2018 PASSED IN R.A.NO. 38/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM,, KARKALA DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 06.04.2016 PASSED IN OS.NO.8/2014 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE JMFC., KARKALA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo which reads as under: "The Appellant in the above matter submits that the appeal may be dismissed as settled out of Court." - 3 - HC-KAR NC: 2026:KHC:34543 RSA No. 2427 of 2018 2. Placing the memo on record, the appeal stands dismissed as withdrawn as the matter is settled out of the Court. 3. Permissible refund of court fee is allowed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 45