- 1 - HC-KAR CNR: KAHC010091312023 NC: 2026:KHC:42281-DB RFA No. 349 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.349 OF 2023 BETWEEN: ABDUL BASHEER SAB @ BASHEER SAB S/O LATE KHALANDER SAB AGED ABOUT 70 YEARS R/O JAMBARAGHATTA VILLAGE HOLEHONNUR HOBLI BHADRAVATHI TALUK 577301 SHIVAMOGGA DISTRICT …APPELLANT (BY SRI. ABHISHEK VAIDYA, ADV. FOR SRI. S. V. PRAKASH, ADV.) AND: 1. AHAMED SHARIF S/O LATE KHALANDAR SAB AGED ABOUT 58 YEARS RESIDENTS OF JAMBARAGHATTA VILLAGE HOLEHONNUR HOBLI Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010091312023 NC: 2026:KHC:42281-DB RFA No. 349 of 2023 BHADRAVATHI TALUK 577301 SHIVAMOGGA DISTRICT 2. SABJAN SAB S/O LATE KHALANDAR SAB AGED ABOUT 51 YEARS RESIDENTS OF JAMBARAGHATTA VILLAGE HOLEHONNUR HOBLI BHADRAVATHI TALUK 577301 SHIVAMOGGA DISTRICT …RESPONDENTS (BY SRI. MALLIKARJUNA G. CONTRACTOR, ADV.) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE ORDER DATED 14.11.2022 PASSED IN FDP NO.13/2015 (O.S.NO.34/2013) ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, ALLOWING THE PETITION FILED UNDER SECTION 54 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 VENKATESH NAIK T - 3 - HC-KAR CNR: KAHC010091312023 NC: 2026:KHC:42281-DB RFA No. 349 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant submits that the matter has been settled out of Court and that the appeal may be dismissed as withdrawn. A memo is filed to that effect. It is submitted that the appellant has also affixed the signature on the memo. 2. Accepting the memo filed by the learned counsel for the appellant, the appeal is dismissed as withdrawn. All pending interlocutory applications, if any, shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RAK List No.: 1 Sl No.: 16