- 1 - NC: 2025:KHC:10546 MFA No. 917 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.917/2024 (CPC) BETWEEN: SRI. RANGANATHAR ANDAL TEMPLE TRUST NEAR VANNARPET BUS STAND VIVEKNAGAR, BENGALURU 560047 REPRESENTED BY ITS MANAGING TRUSTEE R. GAJENDRAN @ P K R GAJENDRAN S/O LATE P. RAMANUJAM AGED ABOUT 62 YEARS RESIDING AT NO.3 VANNARPET MAIN ROAD (KARI VISHWANATHAR TEMPLE ROAD) VIVEKNAGAR POST, BENGALURU 560047. …APPELLANT (BY SRI. SHIVSHANKAR, ADV.,) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE SENA BHAVAN, NEW DELHI 110011. 2. THE BORDER STATION COMMANDER AND ESTATE OFFICER STATION HEAD QUARTERS CUBBON ROAD, BENGALURU 560001. 3. THE ADMINISTRATIVE COMMANDANT STATION HEAD QUARTERS CEL ADJUSTMENT COMMANDER, K.K. AND G. SUB AREA Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10546 MFA No. 917 of 2024 BENGALURU 560001. 4. THE DEFENCE ESATE OFFICER KARNATAKA AND GOA CIRCLE OFFICE OF THE DEFENCE ESTATE KAMRAJ ROAD, BENGALURU 560042. 5. THE COMMANDING OFFICER ASC CENTRE SOUTH INCHARGE LOCAL MILITARY STATION C/O ASC CENTRE AND COLLEGE AGARAM POST, BENGALURU 560007. …RESPONDENTS (BY SRI. A. CHANDRACHUD, CR/CGSPC TO R1 TO R5) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 31.10.2023 PASSED ON I.A.NO.3 IN OS.NO.7156/2019 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-18, REJECTING THE I.A.NO.3 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: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking to withdraw the appeal with liberty to file appeal when a fresh cause of action arises. 2. Memo is taken on record. - 3 - NC: 2025:KHC:10546 MFA No. 917 of 2024 3. Accordingly, the Appeal is dismissed as withdrawn with liberty as sought for. SD/- (HANCHATE SANJEEVKUMAR) JUDGE GVP List No.: 1 Sl No.: 5