- 1 - HC-KAR NC: 2026:KHC:1500 RFA No. 2047 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 2047 OF 2017 BETWEEN: 1. SMT JAYATNHI H S W/O LATE M C SOMASHEKARAIAH AGED 60 YEARS R/AT DURGAMMA STREET ISLAPURA, VIDYANAGAR EXTENSION SHIVAMOGGA - 577201. PRESENTLY RESIDING AT 3RD CROSS, VENKATESH NAGAR SHIVAMOGGA CITY-577 201 …APPELLANT (BY SRI. B RAMESH,ADVOCATE) AND: 1. P PRASHANTH S/O T S PHATIGE AGED ABOUT 40 YEARS PROPRIETORY PRASHANTH POULTRY FARM MATHOD HOBLI, SHIMOGGA POST - 577201 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1500 RFA No. 2047 of 2017 R/AT PRASHANTH NILAYA 6TH CROSS, RAVINDRANAGAR SHIVAMOGGA - 577201 2. P V SREENIVASA HOLLA S/O VENKATAPPAIAH AGED 68 YEARS PARTNER LAKSHMI TRADERS R/AT 3RD CROSS RAVINDRANAGARA - 577201 SHIVAMOGGA CITY …RESPONDENTS (BY SRI. M N UMASHANKAR FOR R1.,ADVOCATE; V/O DATED 19.12.2023 NOTICE TO R2 IS HELD SUFFICIENT BY WAY OF PAPER PUBLICATION) RFA FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DTD 20.09.2017 PASSED ON IA.NO.IV IN EX.NO.122/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA., DISMISSING THE IA.NO.4 FILED UNDER ORDER 41 RULE 59 READ WITH SECTION 151 OF CPC, CONSIDERING AS FILED UNDER ORDER 21 RULE 59 OF CPC AND OBJECTION FILED UNDER ORDER 21 RULE 58(3) READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:1500 RFA No. 2047 of 2017 ORAL JUDGMENT The learned counsel for the appellant files a memo seeking withdrawal of the appeal as not pressed, as the same is settled out of the Court. 2. Memo is placed on record. 3. Sri M.N. Umashankar, learned counsel appearing for the respondent No.1 has no objection to the same. 4. Earlier memo dated 07.01.2026 is withdrawn as not pressed. 5. Learned counsels for the parties make joint submission that the amount deposited before this court, vide Order dated 08.12.2017 shall be released in favour of respondent no. 1 subject to satisfaction of his identity 6. Accordingly, the appeal is dismissed as withdrawn in terms of the memo. Sd/- (M.G.S. KAMAL) JUDGE HR