- 1 - HC-KAR CNR: KAHC010401212022 NC: 2026:KHC:46690-DB RFA No. 1502 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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.1502 OF 2022 (SP) BETWEEN: SHRI P RAMESH RAJU AGED ABOUT 62 YEARS S/O P CHANGAMA RAJU R/AT NO.4 11TH MAIN 36TH CROSS 4TH 'T' BLOCK JAYANAGAR BANGALORE 560 041 …APPELLANT (BY SRI. PULAKESHI A. P., ADVOCATE) AND: SHRI P K SUBRAMANYAM AGED ABOUT 65 YEARS S/O P KANAKARAJA SETTY R/AT NO.479 Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010401212022 NC: 2026:KHC:46690-DB RFA No. 1502 of 2022 2ND STAGE 2ND MAIN INDIRANAGAR BANGALORE 560038 …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.02.2019 PASSED IN OS No.3750/2014 ON THE FILE OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE, DAMAGES AND PERMANENT INJUNCTION BY DIRECTING THE APPELLANT HEREIN TO PAY A SUM OF Rs.60,00,000-00 (RUPEES SIXTY LAKHS ONLY) TO THE PLAINTIFF WITHIN TWO MONTHS FROM THIS DAY ALONGWITH INTEREST AT THE RATE OF 18 PERCENT FROM THE DATE OF EX.P31 TILL THE REALIZATION OF ENTIRE AMOUNT. 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: KAHC010401212022 NC: 2026:KHC:46690-DB RFA No. 1502 of 2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant submits that the appeal is being withdrawn. It is submitted that a demand draft has been furnished before this Court along with a memo dated 05.04.2024, which has been encashed and the amount has been kept in deposit by the Registry. 2. It is submitted that the parties have entered into a compromise in the execution proceedings. The said submission is recorded. 3. Having considered the contentions advanced and in view of the memo filed by the appellant for withdrawal of the appeal, we are of the opinion that the amount, if any, in deposit pursuant to orders of this Court has to be released to the appellant. Accordingly, the memo for withdrawal of the appeal is accepted. The appeal is dismissed as withdrawn. The amount, if any, kept in deposit pursuant to the memo dated 05.04.2024 along with interest, if any, accrued thereon - 4 - HC-KAR CNR: KAHC010401212022 NC: 2026:KHC:46690-DB RFA No. 1502 of 2022 as well as the Court fee shall be refunded to the appellant on proper identification by the Registry. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE PN List No.: 1 Sl No.: 17