- 1 - NC: 2025:KHC:9693 RFA No. 322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 322 OF 2025 (RES) BETWEEN: SRI. M G SURENDR GUPTA S/O LATE GOVINDAIAH SHETTY, AGED ABOUT 60 YEARS, R/AT DOOR NO.9, 1ST MAIN ROAD, GELEYARABALAGA LAYOUT, MAHALAKSHMIPURAM, BENGAURU-560 086. …APPELLANT (BY SRI. CHIKKANAGOUDAR L. S., ADVOCATE) AND: SRI. K M MALLAIAH, S/O LATE NARASIMAIAH, AGED ABOUT 81 YEARS, R/AT NO.43, KHATA NO. 180, BLOCK NO. 116, J.B. KAVAL, YALAHANKAHOBLI, BENGALURU NORTH TALUK, BENGALURU-560 064. …RESPONDENT (BY SRI. UMESH M N., ADVOCATE FOR R1) THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 25.01.2025 PASSED ON IA NO.1/2024 IN EX NO.3386/2013 ON THE FILE OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., REJECTING THE IA NO.1/2024 FILED UNDER ORDER 21 RULE 97 TO 103 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9693 RFA No. 322 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the present appeal reserving liberty in favour of the appellant to urge all his contentions in the suit in O.S.No.4352/2024 filed by the respondent which is currently pending before the Trial Court. 2. The submission is placed on record. 3. The appeal stands disposed of as withdrawn reserving liberty in favour of the appellant as well as respondent to urge their respective contentions in the pending suit in O.S.No.4352/2024 before the trial Court. Sd/- (S.R.KRISHNA KUMAR) JUDGE DS CT: TSM List No.: 1 Sl No.: 2