- 1 - NC: 2025:KHC:3765 MFA No. 658 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. 658 OF 2025 (CPC) BETWEEN: 1. SRI. D.S. RAKESH S/O. SURESH, AGED ABOUT 25 YEARS, RESIDING AT DASANAPURA VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 562 123. REPRESENTED BY HIS GPA HOLDER SMT. S. KALAVATHI D/O. SHANMUGAN NAIDU, AGED ABOUT 33 YEARS, RESIDING AT NO.277, ULLALU UPANAGARA, BANGALORE - 560 056. …APPELLANT (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, 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, Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:3765 MFA No. 658 of 2025 SANJAYNAGAR, BANGALORE - 560 094. 3. SRI. M. MUNIRAJ S/O. P. 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) OF THE CPC, AGAINST THE ORDER DATED:02.12.2024 PASSED ON IA NO.2 AND 3 IN O.S.NO.1108/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, REJECTING IA NO.3 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, 1908. THIS APPEAL COMING ON FOR ORDERS, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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. - 3 - NC: 2025:KHC:3765 MFA No. 658 of 2025 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 Appeal is dismissed as withdrawn.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.: 19