- 1 - HC-KAR CNR: KAHC010156342014 NC: 2026:KHC:41562 R.F.A No.564/2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.564/2014 (RES) BETWEEN: MR. SATHYASHANKAR .K S/O LATE KRISHNA BHAT AGED ABOUT 49 YEARS R/AT SAMATHADKA PUTTUR KASABA VILLAGE DARBE POST, PUTTUR D.K.-574202 REPRESENTED BY HIS GPA HOLDER MR. UDAYAVENKATESH BHAT. …APPELLANT (BY SRI. ANANDARAMA K, ADV.,) AND: 1. M/S. CANARA NIDHI LTD MANIPAL REP. BY ITS GPA HOLDER SRI. BALAKRISHNA NAYAK S/O APPRAYA NAYAK NEAR DIANA TALKIES, UDUPI. 2. P. BALAKRISHNA ALVA S/O LATE P. NARAYANA ALVA MAJOR, AGED 65 YEARS GANESH MOTOR ENGINEERING WORKS MAHALAXMI COMPLEX, MAIN ROAD DARBE, PUTTUR, D.K.-574202. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010156342014 NC: 2026:KHC:41562 R.F.A No.564/2014 3. P. DEVADAS ALVA S/O LATE P. NARAYANA ALVA MAJOR, AGED ABOUT 60 YEARS ALVA INDUSTRIES, MAIN ROAD DARBE PUTTUR, D.K.-574202. …RESPONDENTS (BY SRI. VIJAYA KRISHNA BHAT M, ADV., FOR R1 R3 SERVED R2 SERVICE OF NOTICE IS H/S V/C/O DTD:26.08.2016) THIS RFA IS FILED U/ORDER XLI RULE 1 AND SEC 96 OF CPC, 1908, PARYING TO CALL FOR RECORDS IN EX.CASE NO.10/2008 ON THE FILE OF I ADDITIONAL DISTRICT JUDGE, MANGALORE, D.K. SET ASIDE THE ORDER DATED 14.03.2014 PASSED BY THE I ADDITIONAL DISTRICT JUDGE, MANGALORE D.K. ON INTERLOCUTORY APPLICATIONS FILED UNDER ORDER XXI RULE 58 AND 59 IN EX.CASE NO.10/2008, ALLOW THE REGULAR FIRST APPEAL AND ALLOW THE INTERLOCUTORY APPLICATIONS FILED BY THE APPELLANT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010156342014 NC: 2026:KHC:41562 R.F.A No.564/2014 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 06.08.2026 indicating that matter is settled before the trial Court. 2. Memo reads as under: “MEMO FILED BY THE APPELLANT Appellant most respectfully submits as under: It is submitted that during the pendency of the above Appeal the parties have amicably settled the matter under one time settlement scheme. Pursuant thereto, the Execution Petition in Ex. Case No. 10/2008 (re-numbered as Com. Ex. No.365/2020) has been closed vide order dated 05.06.2026. Under the circumstances, the present Regular First Appeal does not survive for consideration. Copy of the order dated 05.06.2026 passed in Com.Ex.No.365/2020 is produced herewith as Document No.1. Copy of the letters dated 16.04.2026 issued by the Respondent No.1 (Decree Holder) confirming the closure of the loan account pursuant to the one time settlement and cancellation of lien, - 4 - HC-KAR CNR: KAHC010156342014 NC: 2026:KHC:41562 R.F.A No.564/2014 respectively are produced herewith as Document No.2 and 3. Wherefore it is prayed that this Hon'ble Court be pleased to dispose of the Appeal as the same does not survive for consideration/ having become infructuous, in the interest of justice.” 3. Memo is placed on record. 4. In view of the aforementioned memo, the appeal is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 9