- 1 - HC-KAR NC: 2026:KHC:3012-DB R.F.A. No.1079/2025 C/W R.F.A. No.1058 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1079/2025 (MON) C/W REGULAR FIRST APPEAL NO.1058/2025 (MON) IN R.F.A. No.1079/2025: BETWEEN: SMT. BHUVANESHWARI .S W/O LATE SRI. NAGENDRAN .N AGED ABOUT 35 YEARS RESIDING AT D. NO.2158 1ST CROSS, ASHOKAPURAM MYSURU SOUTH, MYSURU KARNATAKA-570 008. …APPELLANT (BY SRI. MILASH ARROL NORONHA, ADV.,) AND: SMT. D. MAHADEVAMMA W/O LATE SRI. G. NANJUNDAIAH AGED ABOUT 68 YEARS RESIDING AT D. NO.5, MODEL HOUSE ASHOKAPURAM, MYSURU SOUTH MYSURU, KARNATAKA-570 008. …RESPONDENT (BY SRI. Y.K. NARAYANA SHARMA, ADV., FOR C/R) Digitally signed by ARSHIFA BAHAR KHANAM HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3012-DB R.F.A. No.1079/2025 C/W R.F.A. No.1058 of 2025 THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.03.2024 PASSED IN OS.NO.376/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. IN R.F.A. NO.1058/2025: BETWEEN: SMT. BHUVANESHWARI .S W/O LATE SRI NAGENDRAN N AGED ABOUT 35 YEARS RESIDING AT D NO.2158 1ST CROSS, ASHOKAPURAM MYSURU SOUTH, MYSURU KARNATAKA - 570 008. ...APPELLANT (BY SRI. MILASH ARROL NORONHA, ADV.,) AND: 1. SMT. THILAKAVATHI .M W/O LATE SRI. NAGENDRAN N AGED ABOUT 38 YEARS. 2. MASTER ARUSH .N S/O LATE SRI NAGENDRAN N AGED ABOUT 7 YEARS SINCE MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. THILAKAVATHI M W/O LATE SRI. NAGENDRAN N AGED ABOUT 38 YEARS. RESPONDENTS ARE R/AT D NO.2105/1, 3RD CROSS ASHOKAPURAM, MYSURU SOUTH MYSURU, KARNATAKA 570 008. ...RESPONDENTS (BY SRI. Y.K. NARAYANA SHARMA, ADV., FOR C/R1 & R2 - 3 - HC-KAR NC: 2026:KHC:3012-DB R.F.A. No.1079/2025 C/W R.F.A. No.1058 of 2025 THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.03.2024 PASSED IN O.S.NO.486/2022 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, MYSURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellants has filed a memo seeking leave of this Court to withdraw these appeals. 2. Memo reads as under: The Appellant above named most respectfully submits as follows: 1. That the present Appeal has been preferred challenging the Judgment and Decree dated 22.03.2024 passed by the Learned Principal Senior Civil Judge & CJM, Mysuru in O.S. No.376/2022. 2. That during the pendency of the present Appeal, Execution Proceedings arising out of the impugned Judgment and Decree were initiated before the Principal Senior Civil Judge & CJM, Mysuru in EX No.236/2024. - 4 - HC-KAR NC: 2026:KHC:3012-DB R.F.A. No.1079/2025 C/W R.F.A. No.1058 of 2025 3. That the parties have amicably resolved all their disputes before the Learned Trial Court during the National Lok Adalat, held on 13.12.2025, in the execution proceedings, and the terms of settlement have been duly recorded by the Lrd. Trial Court in its order dated 13.12.2025. In light of the same the execution proceedings were disposed of by the Lrd. Trial Court. 4. In view of the above amicable settlement, nothing survives for adjudication in the present Appeal and the Appellant does not wish to prosecute the same any further. 5. The Appellant therefore seeks leave of this Hon'ble Court to withdraw the present Appeal as having become infructuous. 6. The Appellant further prays that this Hon'ble Court be pleased to direct refund of the Court Fees of Rs.1,15,590/- [Rupees One Lakh Fifteen-Thousand & Five-Hundred & Ninety Only] deposited in the present Appeal, in accordance with law. PRAYER Wherefore, the Appellant respectfully prays that this Hon'ble Court may be pleased to permit the Appellant to withdraw the present Appeal and direct refund of the Court Fees paid in the present Appeal, in accordance with law; and pass such other order or orders as this Hon'ble Court may deem fit in the interest of justice and equity." - 5 - HC-KAR NC: 2026:KHC:3012-DB R.F.A. No.1079/2025 C/W R.F.A. No.1058 of 2025 3. Memo is placed on record. 4. In view of the aforesaid memo, the appeals are dismissed as withdrawn. In view of the withdrawal of the appeals having settled, Registry shall refund the eligible Court fees to the appellant in both the cases on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 22