- 1 - NC: 2025:KHC:2895 MFA No. 3271 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 3271 OF 2020 (CPC) BETWEEN: 1. JANAKI POOJARTHI (SINCE DECEASED BY LR’S), MRS. SAVITHRI R POOJARY, AGED ABOUT 51 YEARS, 2. MR MOHANDAS A POOJARY, AGED ABOUT 49 YEARS, 3. MRS SHOBHA D POOJARY, AGED ABOUT 47 YEARS, 4. MRS LEELAVATHI POOJARY AGED ABOUT 45 YEARS, NO.1 TO 4 ARE CHILDREN OF LATE JANAKI POOJARTHI AND ARE RESIDING OPPOSITE TO, MAHAVEERA COLLEGE, PRANTHYA VILLAGE, MOODBIDRI-574227, MANGALORE TALUK. 5. SURESH POOJARY, AGED ABOUT 42 YEARS, S/O LATE ANGARA POOJARY, RESIDING OPPOSITE TO MAHAVEERA COLLEGE, PRANTHYA VILLAGE -574227, MANGALORE TALUK. APPELLANTS (BY SRI. CHANDRANATH ARIGA K.,ADVOCATE) AND: 1. ANUSUYA V HEGDE (SINCE DECEASED BY LR’S), P VISHWASNATH HEGDE, AGED ABOUT 75 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2895 MFA No. 3271 of 2020 S/O LATE CHANDAYYA, 2. MUKTHI HEGDE, AGED ABOUT 37 YEARS, D/O LATE ANUSUYA V HEGDE, 3. BHAKTHI HEGDE, AGED ABOUT 35 YEARS, D/O LATE ANUSUYA V HEGDE, ALL ARE R/AT PETEMANE, NADSAL VILALGE-574111, UDUPI TALUK, POST PADUBIDRI. RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER IN MISC.PETITION NO. 3/2017 IN O.S.NO. 39/2011 DATED 25.11.2019 PASSED BY THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MOODBIDRI, DAKSHINA KANNADA DISTRICT AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Office has raised objections regarding maintainability of the appeal as against order dated 25.11.2019 passed by the Civil Judge and JMFC, Moodbidri. 2. Learned counsel for the appellants has filed a memo to withdraw the appeal with liberty to file appeal with appropriate Forum. - 3 - NC: 2025:KHC:2895 MFA No. 3271 of 2020 3. The submission is placed on record. 4. In view of the same, the appeal is dismissed as withdrawn with liberty is prayed for. Sd/- (K.NATARAJAN) JUDGE PNV List No.: 1 Sl No.: 8