- 1 - HC-KAR CNR: KAHC010091772025 NC: 2026:KHC:45004-DB RFA No. 347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA REGULAR FIRST APPEAL NO. 347 OF 2025 (SP) BETWEEN: 1. SRI RAJAKUMAR S/O LATE KEMPAIAH, AGED ABOUT 63 YEARS 2. SMT. KAVYA W/O LATE RAMAPRAKASH AGED ABOUT 41 YEARS 3. MASTER SUDARSHAN S/O LATE RAMAPRAKASH AGED ABOUT 16 YEARS SINCE MINOR, REP BY HIS NATURAL GUARDIAN MOTHER SMT. KAVYA ALL ARE R/AT AGALAKUPE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT KARNATAKA-562123 ALL THE APPELLANTS ARE Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010091772025 NC: 2026:KHC:45004-DB RFA No. 347 of 2025 REP. BY ITS GPA HOLDER SHRI G.VENKATESH …APPELLANTS (BY SRI. SRINIVASA MURTHY S. R., ADV) AND: PANCHAKSHARI S/O SIDDAGANGAIAH, AGED ABOUT 55 YEARS, R/AT DABASPETE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT KARNATAKA-562123 …RESPONDENT (BY SRI. OMKAR MURTHY, ADV FOR C/R) THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 27.11.2024 PASSED IN OS NO.425/2023 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT NELAMANGALA, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. 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 T.P.VIVEKANANDA - 3 - HC-KAR CNR: KAHC010091772025 NC: 2026:KHC:45004-DB RFA No. 347 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on either side. 2. It is submitted by the learned counsel appearing on either side that the matter has been settled in execution and that the appellants and the respondent have filed a joint memo on 07.07.2026 before the Executing Court. It is submitted that the appellants herein have agreed to withdraw this appeal on the basis of the joint memo. 3. In the above view of the matter, the appeal is dismissed as withdrawn, since the parties have settled their disputes in Execution Case No.40/2025 before the Additional Senior Civil Judge at Nelamangala. 4. The learned counsel for the appellants submits that Court fee has been furnished by the GPA holder of the appellants who has filed this appeal on behalf of the appellants and that the eligible Court fee may be refunded - 4 - HC-KAR CNR: KAHC010091772025 NC: 2026:KHC:45004-DB RFA No. 347 of 2025 to the GPA holder. Accepting the memo filed by the learned counsel for the appellants, the Registry is directed to refund the Court fee as eligible to the GPA holder of the appellants on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE RAK List No.: 4 Sl No.: 3