- 1 - HC-KAR CNR: KAHC010203692017 NC: 2026:KHC:54666 RSA No. 8 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR SECOND APPEAL NO. 8 OF 2017 (SP) BETWEEN: RAHAMUTHULLA KHAN S/O LATE MOHIDDEEN KHAN AGED ABOUT 60 YEARS, R/O VADHI-A-HUDA BADAVANE, SULEBAILU VILLAGE, NIDIGE HOBLI, SHIVAMOGGA TLAUK & DISTRICT-577201. REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER AND SON MOHIDDIN KHAN S/O RAHAMATHULLA KHAN AGED ABOUT 30 YEARS. …APPELLANT (BY SRI. P N HARISH, ADVOCATE) AND: 1. T. MOHAMMAD GHOUSE S/O SABJAN SAB AGED ABOUT 53 YEARS R/O 2ND CROSS, TANK MOHALLA SHIVAMOGGA – 577 201. 2. D. MUNEER S/O R.D. DASTAGIR, AGED ABOUT 49 YEARS, R/O 2ND CROSS, MARNAMI BYLU, SHIVAMOGGA – 577 201. 3. H. AYUB KHAN S/O HANEEF KHAN AGED ABOUT 48 YEARS, R/O 6TH CROSS, TIPPUNAGAR, SHIVAMOGGA – 577 201. Digitally signed by VANDANA S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010203692017 NC: 2026:KHC:54666 RSA No. 8 of 2017 K. AYUB S/O KUDDUS SAB SINCE DEAD BY HIS LRS 4. SAJEEDA BANU W/O LATE K. AYUB AGED ABOUT 47 YEARS, 5. BIBI AYESHA D/O LATE K. AYUB AGED ABOUT 32 YEARS. 6. JAFFAR SADIQ S/O LATE K. AYUB AGED ABOUT 30 YEARS. 7. MUBARAK.A S/O LATE K. AYUB AGED ABOUT 28 YEARS. 8. NASEEMA BANU D/O LATE K. AYUB AGED ABOUT 26 YEARS R-4 TO R-8 ARE RESIDENTS OF 5TH CROSS, LEFT SIDE, TIPPUNAGARA, SHIVAMOGGA – 577 201. …RESPONDENTS (BY SRI. H.C.SHIVARAMU, ADVOCATE FOR C/R-1 R-3, R-4, R-6, R-7 ARE SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.11.2016 PASSED IN RA NO.222/12 ON THE FILE OF THE III ADDL., DISTRICT JUDGE, SHIVAMOGGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.10.2012 PASSED IN OS NO.129/2009 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, SHIVAMOGGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010203692017 NC: 2026:KHC:54666 RSA No. 8 of 2017 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel appearing for the appellant has filed a memo stating that the dispute between the parties is settled out of Court and seeks to dismiss the appeal as settled out of Court. Memo is placed on record. The present Regular Second Appeal is dismissed as settled out of Court. Registry is directed to refund the entire (100%) Court fee paid by the appellant in favour of the power of attorney holder / son of the appellant, i.e. Mohiddin Khan, immediately without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE BVV List No.: 1 Sl No.: 4