- 1 - HC-KAR NC: 2026:KHC:3112-DB RFA No. 1502 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 1502 OF 2013 (DEC/INJ) BETWEEN: SMT. K. PREMA, W/O. B.K. SUBBAIAH, SINCE DEAD BY HER LR SRI. S.R. PRABHAKAR, S/O LATE S.V. RAMAKRISHNAIAH, AGED ABOUT 58 YEARS, R/O NO. 199, III MAIN I CROSS, COCONUT GARDEN, NEW THIPPASANDRA, BANGALORE - 560 075. …APPELLANT (BY SRI. SUKUMARAN G., ADVOCATE) AND: 1. SMT. ARCHANA LOKESH, W/O SRI. LOKESH, AGED ABOUT 43 YEARS, R/O NO.51, I MAIN ROAD, SESHADRIPURAM, BANGALORE - 560 020. 2. SRI. LOKESH, S/O. LATE DASAPPA, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3112-DB RFA No. 1502 of 2013 AGED ABOUT 54 YEARS, R/O NO.51, I MAIN ROAD SESHADRIPURAM, BANGALORE - 560 020. …RESPONDENTS (BY SRI. SRINIVASA MURTHY.D., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.6.2013 PASSED IN O.S.NO.8591/2000 ON THE FILE OF THE XVII ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) A memo has been filed praying to dismiss the appeal as not pressed and withdrawn, with a further request to refund the entire Court fee to the appellant in his bank account. - 3 - HC-KAR NC: 2026:KHC:3112-DB RFA No. 1502 of 2013 2. A perusal of Section 66 of the Karnataka Court- Fee and Suits Valuation Act, 1958, reflects that where the Court refers the parties to the suit to any one of the modes of settlement of dispute referred in Section 89 of the CPC and the dispute is settled then 75% of the Court fee paid shall be ordered to be refunded. In cases not covered by the aforesaid provision, in sub-section (2) thereof it is mentioned as follows: "66. Refund on settlement before hearing - (1) xxx (2) In cases not covered by sub-section (1); Whenever by agreement of parties,- (a) any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of the claim; or (b) any suit is compromised ending in a compromise decree before any evidence has been recorded on the merits of the claim; or (c) any appeal is disposed of before the commencement of hearing of such appeal; Seventy five percent of the amount of court fee paid in respect of the claim or claims in the suit or appeal shall be ordered by the court to be refunded to the parties who have paid such fee." - 4 - HC-KAR NC: 2026:KHC:3112-DB RFA No. 1502 of 2013 3. In our opinion, withdrawal of the appeal would be covered by clause (c) of sub-section (2) of Section 66 of the Act. Therefore, while dismissing the appeal as withdrawn, it is directed that 100% of the Court fee paid shall be refunded to the party who has paid such fee in terms of Section 66(c) of the Karnataka Court-Fee and Suits Valuation Act, 1958. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 32 ct-vn