- 1 - HC-KAR NC: 2026:KHC:13993 RSA No. 1583 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1583 OF 2023 (DEC/INJ) BETWEEN: 1. RAMESH S/O. LATE THANOJI RAO, AGED ABOUT 48 YEARS, 2. SMT. SUSHEELA BAI W/O. LATE THANOJI RAO, AGED ABOUT 66 YEARS, APPELLANTS NO.1 AND 2 ARE RESIDENTS OF PARASHURAM RAO COMPOUND, LOWER HUTHA, BHADRAVATHI - 577 301, SHIVAMOGGA DISTRICT. …APPELLANTS (BY SRI. UMESH MOOLIMANI, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE) AND: 1. ANANDA S/O. LATE THANOJI RAO, AGED ABOUT 46 YEARS, R/O. C/O. BASAVARAJ JYOTHI NAGARA, SHIRA-572 137, TUMAKURU DISTRICT. …RESPONDENT (BY MS. KAVYASHREE G.S., ADVOCATE (VK NOT FILED)) Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13993 RSA No. 1583 of 2023 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.04.2023 PASSED IN RA.NO.17/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.04.2021 PASSED IN O.S.NO.65/2013 ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI TRIAL COURT PARTLY DECREED THE SUIT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking withdrawal of this appeal. 2. The memo reads as under: "The above captioned second appeal arises out of the Judgment and Decree dated 01.04.2023 passed by the Court of the learned Senior Civil Judge and JMFC, Bhadravathi in R.A.No.17/2021, confirming the Judgment and Decree dated 09.04.2021 rendered by the learned IV Additional Civil Judge and JMFC, Bhadravathi in O.S.No.65/2013. It is submitted that the dispute between the parties has been amicably settled in the course of mediation proceedings Ex.No.116/2023. The executing court, by its order dated 23.01.2026, was pleased to record the joint memo filed by the parties and consequently disposed of the execution petition in terms thereof. In view of the aforesaid settlement and the disposal of the execution proceedings, the present second appeal has become infructuous. Therefore, it is prayed that this Hon'ble Court may be pleased to dismiss the - 3 - HC-KAR NC: 2026:KHC:13993 RSA No. 1583 of 2023 above second appeal as withdrawn/infructuous in the interest of justice." 3. The memo is signed by both the appellants along with the learned counsel appearing for the appellants. In view of the memo and the submission of the learned counsel for the appellants, the appeal is dismissed as withdrawn. 4. In view of the withdrawal of the appeal, the registry is hereby directed to refund the court fee in accordance with the Karnataka Court Fees and Suit Valuation Act, 1958 to the account of the appellants upon the appellants furnishing the necessary bank and account details upon proper verification. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 6