- 1 - HC-KAR NC: 2026:KHC:35114 RSA No. 1037 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1037 OF 2013 (DEC/INJ) BETWEEN: 1. SRI. K. MAHABALA ADIGA S/O KOTESWARA ADIGA AGED ABOUT 63 YEARS R/IN NO.2115 8TH MAIN, D BLOCK II STAGE, RAJAJINAGAR BANGALORE-560010 2. SRI. GUNASHEKAR SINCE DEAD BY LEGAL REPRESENTATIVES G MURALI AGED ABOUT 35 YEARS S/O LATE GUNASHEKAR R/AT No.4TH CROSS, NAGAPPA BLOCK BANGALORE – 560 021 (DELETED VIDE COURT ORDER DATED 12.07.2023) 3. SRI. B VIJAYA KUMAR S/O NARASIMHA SWAMY R/AT No.1454 4TH CROSS, NAGAPPA BLOCK BANGALORE – 560 021 (DELETED VIDE COURT ORDER DATED 12.07.2023) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35114 RSA No. 1037 of 2013 4. SMT. CHANDRAMMA W/O A RAMALINGAM AGED ABOUT 69 YEARS R/IN No.12 6TH CROSS, 60 FEET ROAD JC NAGAR, KURUBARAHALLI BANGALORE – 560 086 5. SRI. GURUSWAMY NAIDU SINCE DEAD BY LEGAL REPRESENTATIVES SMT. RANI DAUGHTER IN LAW OF GURUSWAMY NAIDU AGED ABOUT 46 YEARS R/IN 6TH CROSS MARIYAPPANAPALYA SRIRAMPURA BANGALORE – 560 021 6. SRI K SHANKARANARAYANA ADIGA S/O KOTESWARA ADIGA AGED ABOUT 61 YEARS R/IN NO.14 PUTTANNA ROAD BASAVANAGUDI BANGALORE-560004 7. SRI ANANTHA PADMANABHA ADIGA S/O NAGESWARA ADIGA AGED ABOUT 60 YEARS R/IN NO.1489/3 NEAR GANESH TIFFIN CENTRE MARIYAPPANAPALYA II STAGE, RAJAJINAGAR BANGALORE-560010 8. SRI S NARAYANA S/O LATE A SUBBAIAH AGED ABOUT 33 YEARS R/IN NO.273, 8TH CROSS, 2ND MAIN PRAKAH NAGARA BANGALORE-560021 - 3 - HC-KAR NC: 2026:KHC:35114 RSA No. 1037 of 2013 9. SMT V KANAKA W/O R VINAYAGAM AGED ABOUT 51 YEARS R/IN NO.112/3 3RD CROSS, 2ND MAIN PRAKASH NAGAR BANGALORE-560021 10. SRI THANGAM SINCE DEAD BY LEGAL REPRESENTATIVES C T SUNDAR S/O LATE THANGAM AGED ABOUT 41 YEARS R/IN No.5344 2ND CROSS, 8TH MAIN PRAKASH NAGAR BANGALORE – 560 021 11. SRI R MUTHUKAMACHARI S/O R RAMARAJACHARI AGED ABOUT 46 YEARS R/IN NO.531/A 8TH CROSS, 2ND MAIN PRAKASH NAGAR BANGALORE-560021 …APPELLANTS (BY SRI. M.S. NARAYANA RAO, & MAHADEVAIAH, ADVOCATES FOR A1 TO A11 SRI. CHETHAN B, ADVOCATE FOR A1 AND A3 TO A11 SRI. SANJAY G, FOR A2 V/O DATED 12.07.2023 APPEAL OF A2 AND A3 IS DISMISSED AS NOT PRESSED) AND: 1. SMT. PRIYADARSHINI W/O M KRISHNAPPA AGED ABOUT 50 YEARS - 4 - HC-KAR NC: 2026:KHC:35114 RSA No. 1037 of 2013 R/IN NO.2938/B SERVICE ROAD II STAGE VIJAYANAGAR BANGALORE-560040 2. SMT. SHAILAJA D/O K N AVALAPPA AGED ABOUT 45 YEARS R/OF 426, 8TH MAIN, 5TH CROSS HAMPI NAGAR (RPC LAYOUT) VIJAYANAGAR II STAGE BANGALORE – 560 104 3. SRI. H G BAIRAPPA S/O GANGADHARAPPA AGED ABOUT 68 YEARS R/OF #797, KIRAN NILAYA 11TH BLOCK, II STAGE, NAGARABHAVI BANGALORE – 560 072 4. SRI. B. N. SUDEENDRA S/O LATE B S NAGARAJU AGED ABOUT 38 YEARS R/OF #15, G/2 ANJANADRI APTRS 7TH MAIN, 8TH CROSS, RAJEEVNAGAR BSK II STAGE BANGALORE – 560 096 5(A) SMT. J NEETHU W/O HARISHANKAR AGED ABOUT 38 YEARS 5(B) SRO D HARISHANKAR S/O LATE K L DIWAKARACHAR AGED ABOUT 40 YEARS BOTH 5(A) AND 5(B) ARE R/AT #30/73 VINAYAKA KRUPA, 75TH ‘B’ CROSS 6TH BLOCK, GUBBANNA LAYOUT RAJAJINAGAR, BANGALORE-560 010. - 5 - HC-KAR NC: 2026:KHC:35114 RSA No. 1037 of 2013 6(A) SRI B N SRIDARA MURTHY S/O LATE BAPU NARAYAN RAO AGED ABOUT 76 YEARS 6(B) SMT. M S SAVITHRAMMA W/O B N SRIDARA MURTHY AGED ABOUT 70 YERS BOTH 6(A) AND 6(B) ARE R/AT #47/11. “SRINIVASA” 3RD MAIN MOUNT JOY EXTENSION HANUMANTHANAGAR BANGALORE-560019. 7 SMT. SUMITHRAMMA W/O LATE M P GANGADHARAIAH AGED ABOUT 62 YEARS R/AT OF #16/3, 7TH MAIN SUBBANNA GARDEN, BANGALORE-560004. 8 SRI DARSHAN JAYAKUMAR S/O JAYAKUMAR S AGED ABOUT 31 YEARS R/AT #543,2ND A CROSS 3RD MAIN 3RD BLOCK, 3RD STAGE BASAWESHWARA NAGARA BANGALORE-560079. …RESPONDENTS (BY SRI. M.S. SHETTY & HEDGE ASSTS, FOR SRI. KIRAN J, ADVCOATE FOR SMT. LATHA SHETTY & VAIBAV RAMESH, & FARAH FATHIMA, ADVOCATES FOR R1: SRI. BIPIN HEGEDE, & K. MANJUNATH, ADVOCATES FOR C/R1: SRI K PRASANNA SHETTY, ADVCOATE FOR R2 TO R4, R5(A & B), R6(A & B) R7 AND R8) THIS RSA IS FILED U/S. 100 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 11.3.2013 PASSED IN R.A.NO.312/2010 ON THE FILE OF THE PRINCIPAL - 6 - HC-KAR NC: 2026:KHC:35114 RSA No. 1037 of 2013 DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DTD 1.10.2010 PASSED IN OS.NO.1099/2002 ON THE FILE OF II ADDITIONAL CIVIL JUDGE (SR.DN.), BANGALORE RURAL DISTRICT, BANGALORE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellants has filed a memo for withdrawal of the appeal stating that, in view of the amicable settlement arrived at between the parties outside the Court and the appellants having received ₹50,00,000/- (Rupees Fifty lakh only) vide cheque bearing No.439077 drawn on Axis Bank, Bengaluru from the respondents, subject to the realisation of the above cheque, the appellants are not interested in further prosecuting the appeal. Hence, prays to confirm the impugned judgments and decrees passed by the Courts below. 2. Memo is taken on record. - 7 - HC-KAR NC: 2026:KHC:35114 RSA No. 1037 of 2013 3. Appellant No.1 is present before the Court and receives the cheque bearing No.439077 for ₹50,00,000/-. 4. Accordingly, the appeal is dismissed as withdrawn. 5. In view of dismissal of the appeal, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 1