- 1 - HC-KAR NC: 2026:KHC:1501 RFA No. 2048 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. 2048 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 R/AT PRASHANTH NILAYA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1501 RFA No. 2048 of 2017 6TH CROSS, RAVINDRANAGAR SHIVAMOGGA - 577201 2. P V GAJANANA HOLLA S/O VENKATAPPAIAH AGED 65 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 SEC.96 OF CPC., AGAINST THE ORDER DATED 20.9.2017 PASSED IN EX.NO.121/2012 IN OS 123/11 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, SHIVAMOGGA, DISMISSING THE APPLICATION FILED UNDER ORDER 21 RULE 58(3) R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:1501 RFA No. 2048 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 Earlier memo dated 08.01.2026 is withdrawn as not pressed. 5.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 Accordingly, the appeal is dismissed as withdrawn in terms of the memo.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