- 1 - NC: 2025:KHC:15872 MFA No. 1363 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 1363 OF 2025 (CPC) BETWEEN: H. GOPAL SINGH, S/O LATE HANUMAN SINGH, AGED ABOUT 70 YEARS, NO.34/A, ADICHUNCHANAGIRI MAIN ROAD, KUVEMPUNAGAR, MYSORE - 570 023. …APPELLANT (BY SRI. GANESHA G. G, ADVOCATE) AND: A. V. MOHAN KUMAR, S/O. LATE A.V.VENKATARAMAIAH, AGED ABOUT 46 YEARS, R/AT NO.1267, GAGANACHUMBI ROAD, KUVEMPUNAGAR, MYSURU - 570 022. …RESPONDENT *** THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, SET ASIDE THE ORDER AND JUDGMENT DATED 29.11.2024 PASSED IN MISC.NO.03/2021 ON THE FILE OF THE ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE AT MYSORE, AND BY Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15872 MFA No. 1363 of 2025 ALLOWING THE PRESENT APPEAL, RESTORE S.C. NO.56/2019 ON THE FILE OF THE HON'BLE JUDGE, ADDITIONAL SMALL CAUSES COURT AT MYSORE, THEREBY PERMITTING THE APPELLANT TO CONTEST THE SUIT ON MERITS BY PROVIDING A FAIR OPPORTUNITY, AND FURTHER, DISMISS/STAY EXECUTION PETITION NO.116/2021, PENDING BEFORE THE HON'BLE JUDGE, ADDITIONAL SMALL CAUSES COURT AT MYSORE, TILL THE DISPOSAL ON MERITS OF THE S.C.NO.56/2019 ON THE FILE OF THE HON'BLE JUDGE, ADDITIONAL SMALL CAUSES COURT AT MYSORE ALONG WITH SUCH OTHER RELIEFS AS THIS COURT MAY DEEM FIT AND PROPER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel appearing for the appellant has filed a memo dated 17.04.2025, seeking permission of this Court to withdraw the appeal, with liberty reserved to him to file a fresh appeal on the same cause of action, within a period of four weeks and to return all the certified copies of the trial court records filed along with this appeal. 2. The memo is placed on record. 3. The appeal is dismissed as withdrawn, reserving liberty to the appellant to file a fresh appeal, on the same cause of action, within a period of four weeks from today. - 3 - NC: 2025:KHC:15872 MFA No. 1363 of 2025 Office is directed to return the certified copies of the trial court records, retaining a photocopy of the same, at the cost of the appellant. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BMV* List No.: 1 Sl No.: 14