- 1 - NC: 2025:KHC:3766 MFA No. 644 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 644 OF 2025 (CPC) BETWEEN: 1. SRI. B CHETHAN KUMAR S/O. BYLAPPA, AGED ABOUT 35 YEARS, 2. SRI. BYLAPPA S/O.LATE. VENKATANARASAPPA AGED ABOUT 62 YEARS, BOTH ARE RESIDING AT GOWDAHALLI (V) DASANAPURA HOBLI, SHIVANAPURA POST, BANGALORE NORTH TALUK. REPRESENTED BY THEIR GPA HOLDER SMT. S. KALAVATHI, D/O. SHANMUGAM NAIDU, AGED ABOUT 33 YEARS, RESIDING AT NO. 277, ULLALU UPANAGARA, BANGALORE - 560 056. …APPELLANTS (BY SRI. NARAYANA SWAMY V K., ADVOCATE) AND: 1. SMT. INDIRA DEVI M. GHUDED W/O. M.GHUDED, AGED ABOUT 57 YEARS, NO.32, KEB LAYOUT, Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:3766 MFA No. 644 of 2025 RMV 2ND STAGE, SANJAYNAGAR, BANGALORE - 560 094. 2. SRI. AVINASH. M. GHUDED S/O. M.M.GHUDED AGED ABOUT 37 YEARS, NO.32, KEB LAYOUT, RMV 2ND STAGE, SANJAYNAGAR, BANGALORE - 560 094. 3. SRI. M. MUNIRAJ S/O. MUNIRAMAIAH, AGED ABOUT 50 YEARS, NO.1107, 3RD 'F' MAIN ROAD, MATHA STORE COMPLEX, RAMAIAH LAYOUT, KACHARAKANAHALLI, BANGALORE - 560 084. …RESPONDENTS (BY SRI. ADARSH K., ADVOCATE FOR C/R2) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 02.12.2024 PASSED ON I.A.NO.1 IN OS.NO.1107/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, REJECTING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL COMING ON FOR ORDERS, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:3766 MFA No. 644 of 2025 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT The office has raised objection regarding maintainability of the appeal, as the value of the property is less than Rs.10,00,000/-. At this stage learned counsel for the appellant seeking permission to withdraw the appeal with a liberty to file the appeal before the District court, Bangalore Rural. Memo is placed on record. Appeal is dismissed as withdrawn. Liberty is granted as prayed for. Office to return the certified copies of the Trial Court to the appellant. The appellant is entitled for the exemption under Section 14 of the Limitation Act. Sd/- (K.NATARAJAN) JUDGE SRK/-List No.: 1 Sl No.: 18 CT:SK