Dismissed¶37

Ramesh v. Ananda

Karnataka HC9 Mar 2026RSA/1583/2023

Case brief

AI extract

What is this about?

Keywords: Karnataka High Court; RSA No. 1583 of 2023 (DEC/INJ); Section 100 CPC; regular second appeal; dismissal as withdrawn; withdrawal memo; amicable settlement; mediation Ex.No.116/2023; execution petition disposed 23.01.2026; joint memo; refund of court fee; Karnataka Court Fees and Suit Valuation Act, 1958; R.A.No.17/2021; O.S.No.65/2013; Bhadravathi; Shivamogga; Tumakuru; Pradeep Singh Yerur, J.; decided 09.03.2026.

What did the court decide?

Appeal dismissed as withdrawn pursuant to the memorandum filed by the appellants' counsel (recording amicable settlement in mediation Ex.No.116/2023 and disposal of the execution petition by order dated 23.01.2026); registry directed to refund the court fee to the appellants under the Karnataka Court Fees and Suit Valuation Act, 1958 upon furnishing verified bank and account details.

Ramesh Vs Ananda — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Ratio / Principle

The regular second appeal is dismissed as withdrawn, in view of the memorandum seeking withdrawal filed by the appellants' counsel and signed by both appellants.

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Key takeaways

Consequent to the withdrawal of the appeal, the registry is directed to refund the court fee to the appellants under the Karnataka Court Fees and Suit Valuation Act, 1958, upon the appellants furnishing bank and account details subject to proper verification.ratio¶38

Detailed headnote1 paragraphs

Regular Second Appeal No. 1583 of 2023 (DEC/INJ), High Court of Karnataka at Bengaluru, decided on 09.03.2026 by Hon'ble Mr. Justice Pradeep Singh Yerur. The appeal under Section 100 CPC challenged the judgment and decree dated 01.04.2023 in R.A.No.17/2021 (Principal Senior Civil Judge and JMFC, Bhadravathi), which had dismissed the first appeal and confirmed the judgment and decree dated 09.04.2021 in O.S.No.65/2013 (IV Additional Civil Judge and JMFC, Bhadravathi) whereby the suit was partly decreed. Before orders could be passed, the appellants' counsel filed a memo stating that the dispute stood amicably settled in mediation proceedings Ex.No.116/2023 and that the executing court, by order dated 23.01.2026, had recorded the parties' joint memo and disposed of the execution petition, rendering the second appeal infructuous. The memo, signed by both appellants and their counsel, was accepted and the appeal was dismissed as withdrawn. The registry was directed to refund the court fee to the appellants in accordance with the Karnataka Court Fees and Suit Valuation Act, 1958 upon furnishing properly verified bank and account details.

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NC: 2026:KHC:13993 RSA No. 1583 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1583 OF 2023 (DEC/INJ) BETWEEN:

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RAMESH

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S/O. LATE THANOJI RAO, AGED ABOUT 48 YEARS,

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SMT. SUSHEELA BAI W/O. LATE THANOJI RAO, AGED ABOUT 66 YEARS,

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APPELLANTS NO.1 AND 2 ARE RESIDENTS OF PARASHURAM RAO COMPOUND, LOWER HUTHA, BHADRAVATHI - 577 301, SHIVAMOGGA DISTRICT.

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…APPELLANTS

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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(BY SRI. UMESH MOOLIMANI, ADVOCATE FOR

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SRI. S.V. PRAKASH, ADVOCATE)

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AND:

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ANANDA

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S/O. LATE THANOJI RAO, AGED ABOUT 46 YEARS, R/O. C/O. BASAVARAJ JYOTHI NAGARA, SHIRA-572 137, TUMAKURU DISTRICT.

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…RESPONDENT

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(BY MS. KAVYASHREE G.S., ADVOCATE (VK NOT FILED))

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NC: 2026:KHC:13993 RSA No. 1583 of 2023

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HC-KAR

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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.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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Learned counsel for the appellants has filed a

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memo seeking withdrawal of this appeal.

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The memo reads as under:

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" 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

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NC: 2026:KHC:13993 RSA No. 1583 of 2023

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HC-KAR

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above second appeal as withdrawn/infructuous in the interest of justice."

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The memo is signed by both the appellants

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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

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dismissed as withdrawn.

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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

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the appellants furnishing the necessary bank and account details upon proper verification.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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RCK List No.: 1 Sl No.: 6

Ramesh v. Ananda

Case brief

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Ramesh v. Ananda

Case brief

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