- 1 - HC-KAR NC: 2026:KHC:1858 RSA No. 1901 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR SECOND APPEAL NO. 1901 OF 2012 (DEC/INJ) BETWEEN: THE ARECA PROCESSING & SALES CO-OPERATIVE SOCIETY LTD (APSCOS) APMC YARD, SAGAR-577401 SHIMOGA DISTRICT REPRESENTED BY ITS SECRETARY. &APPELLANT (BY SRI. R V JAYAPRAKASH., ADVOCATE) AND: 1. K P SHIVAMURTHY S/O LATE K T PADMANABHAIAH AGED ABOUT 46 YEARS R/O CHAKRA, BRAHMANA TARUVE VILLAGE NAGARA HOBLI, HOSANAGARA TALUK SHIMOGA DISTRICT PIN: 577 418. 2. SAVITHRAMMA W/O LATE K T PADMANABHAIAH AGED ABOUT 80 YEARS R/O CHAKRA, BRAHMANA TARUVE VILLAGE NAGARA HOBLI, HOSANAGARA TALUK SHIMOGA DISTRICT PIN-577418. 3. K P NARAYANAMURTHY S/O LATE K T PADMANABHAIAH AGED ABOUT 63 YEARS R/O CHAKRA, BRAHMANA TARUVE VILLAGE NAGARA HOBLI, SHIMOGA DISTRICT HOSANAGARA TALUK SHIMOGA DISTRICT PIN: 577418 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1858 RSA No. 1901 of 2012 4. K P SHANTAMURTHY S/O LATE K T PADMANABHAIAH AGED ABOUT 55 YEARS R/O CHAKRA, BRAHMANA TARUVE VILLAGE NAGARA HOBLI, SHIMOGA DISTRICT HOSANAGARA TALUK SHIMOGA DISTRICT PIN- 577418. 5. SMT. M L LAXMIDEVI W/O PADMANABHAIAH AGED ABOUT 57 YEARS R/O MELINAKODIGE, KOPPA TALUK CHIKMAGALUR DISTRICT PIN-577126. &RESPONDENTS (BY SRI. B S PRASAD., ADVOCATE FOR R1: R2 TO R5 ARE SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED: 6.9.2011 PASSED IN R.A.NO.148/2007 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, & JMFC, SAGAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED: 29.9.2007 PASSED IN OS.NO.339/1997 ON THE FILE OF CIVIL JUDGE (JR.DN.), HOSANAGAR AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2026:KHC:1858 RSA No. 1901 of 2012 ORAL JUDGMENT 1. The learned counsel for the appellant has filed a memo dated 05.12.2025 seeking leave of this Court to withdraw the appeal on the ground that the parties have settled the dispute out of Court. 2. The memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn. 4. Registry is directed to refund the Court fee, if any, to the appellant after due verification. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 15