- 1 - HC-KAR NC: 2026:KHC:8522 RFA No. 1071 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 1071 OF 2016 (MON) BETWEEN: SRI S SUGAN CHAND S/O LATE SHANKARLAL JAIN, AGE: 54 YEARS, PRESENTLY RESIDING AT NO.66 L I G III STAGE, KUVEMPU NAGAR, MYSORE-560023 …APPELLANT (BY SRI. CHANDRASHEKAR P., ADVOCATE) AND: 1. M/S ROYAL MARKETING A PARTNERSHIP FIRM, KANTHARAJE URS ROAD, GANNNA MANSON, CITI FINANCIAL (NOW SARASWATH BANK) BUILDING, SARASWATHIPURAM, MYSORE-9, REPRESENTED BY ITS PARTNERS SRI. LALITH KUMAR AND SMT. CHANDRA DEVI. 2. SRI. LALITH KUMAR S/O LATE MITTALAL JAIN, AGE 48 YEARS, PARTNER M/S ROYAL MARKETING, #2909, CITI FINANCIAL (NOW SARASWATH BANK) BUILDING, KANTHARAJE URS ROAD, SARASWATHIPURAM, MYSORE-9. Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8522 RFA No. 1071 of 2016 3. SMT. CHANDRA DEVI D/O LATE MITTALAL JAIN AND W/O SRI. PUKHRAJ, AGE 50 YEARS, PARTNER: M/S ROYAL MARKETING, C/O NO. 84, ROYAL PHARMA, "ROYAL HOUSE", DEVAMBA AGRAHARA, K.R. MOHALLA, MYSORE-24. 4. M/S UNITED TELE LINKS (BANGALORE) PVT., LTD., NO.4, SUBEDHAR GARDEN, BAZAR STREET, INDIRANAGAR, I STAGE, BANGALORE-38, REPRESENTED BY ITS AUTHORISED SIGNATORY. 5. SRI SURESH KUMAR S/O MITTALAL JAIN, AGE 43 YEARS, [CITI FINANCIAL (NOW SARASWATH BANK) BUILDING] # 2909, KANTHARAJE URS ROAD, SARASWATHIPURAM, MYSORE - 9 PRESENTLY R/AT MANASWANI MEDICALS, MADHAV RAO CIRCLE, MYSORE - 570 004. …RESPONDENTS (BY SRI. S. RAJASHEKARA, ADV. FOR R1 TO R3, SRI. MOHAMMED MUJASSIN, ADV. FOR R4, R5 SERVED AND UNREPRESENTED.) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.01.2016 PASSED IN OS NO.391/2009 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM., MYSURU, DISMISSING THE SUIT FOR RECOVERY OF MONEY. - 3 - HC-KAR NC: 2026:KHC:8522 RFA No. 1071 of 2016 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant counsel has filed memo to withdraw the appeal. 2. The memo of withdrawal which reads as under: "MEMO FOR WITHDRAWAL OF APPEAL 1. The appellant had instituted O.S. No.391/2009 before the Court of the learned I Additional Senior Civil Judge, Mysuru, against the defendants seeking recovery of Rs.10,02,500/- with interest at 24% per annum, which aggregated to Rs.14,21,456/- as on the date of the suit. 2. The said suit was dismissed by Judgment and Decree dated 08.01.2016, and being aggrieved by the same, the appellant preferred the present Regular First Appeal before this Hon'ble Court after paying a court fee of Rs.84,000/- under Section 49 of the Karnataka Court Fees and Suits Valuation Act, 1958. 3. During the pendency of the appeal, upon the intervention of well-wishers, friends, and family members, who requested the appellant and the respondents to amicably resolve the dispute, Respondent No.1 M/s. Royal Marketing, a partnership firm represented by its partner Sri. Lalith Kumar, and Respondent No.5 Sri. Suresh Kumar, who are cousins of the appellant, have paid a sum - 4 - HC-KAR NC: 2026:KHC:8522 RFA No. 1071 of 2016 of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the appellant, which has been accepted by the appellant towards the principal amount only, in full and final settlement of the entire dispute, and the appellant has no further claim whatsoever against the respondents in respect of the subject matter of the appeal. In view of the settlement, the matter stands amicably resolved, and nothing survives for consideration in the present appeal. 4. Accordingly, the appellant seeks permission of this Hon'ble Court to withdraw the appeal as not pressed. 5. The Appellant further respectfully submits that since the appeal has not been heard on merits by this Hon'ble Court, this Hon'ble Court may be pleased to direct the Registry to refund the entire court fee of Rs.84,000/- paid on the memorandum of appeal, in accordance with the applicable provisions of the Court Fees Act and Rules, in the interest of justice and equity. PRAYER Wherefore, the appellant most respectfully prays that this Hon'ble Court may be pleased to: a) Permit the appellant to withdraw the Regular First Appeal; and b) Direct the Registry to refund the entire court fee of Rs.84,000/- paid by the appellant; and pass such other orders as this Hon'ble Court deems fit in the circumstances of the case." - 5 - HC-KAR NC: 2026:KHC:8522 RFA No. 1071 of 2016 3. Memo is placed on record. Same is accepted. 4. In view of the memo, the appellant is permitted to withdraw the appeal. Accordingly, the appeal is disposed of. 5. Registry is directed to refund the entire Court fee. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 3 Sl No.: 1