- 1 - NC: 2025:KHC:12004 MFA No. 4623 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4623 OF 2019 (CPC) BETWEEN: MUNISWAMY, S/O LATE HOSAMUNIYAPPA @ MUNIYAPPA, AGE ABOUT 62 YEARS, RESIDING AT 83 E CROSS, KOTHANUR VILLAGE, AND POST, BANGALORE -560 077. …APPELLANT (BY SRI. HALESHA R G.,ADVOCATE) AND: 1. SMT. SHIVAMMA, W/O LATE CHENNAPPA, AGED ABOUT 66 YEARS, RESIDING AT NO.83, KOTHANUR VILLAGE AND KOTHANUR POST, BANGALORE - 560 077. 2. THIMMARAYA SWAMY S/O MUNISWAMY, AGED ABOUT 41 YEARS, 3. RAVICHANDRA S/O MUNISWAMY, AGED ABOUT 37 YEARS, 4. SADANANDA S/O MUNISWAMY, AGED ABOUT 33 YEARS, RESPONDENT NOS. 2 TO 4 RESIDING AT NO.83, KOTHANUR VILLAGE AND Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12004 MFA No. 4623 of 2019 KOTHANUR POST, BANGALORE-560 077. …RESPONDENTS THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 29.03.2019 PASSED ON I.A.NO.1 IN O.S.NO.25733/2018 ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH.20), ALLOWING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 & 2 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 dated 21.03.2025, which reads as under: "In the above matter that the suit filed by the respondent for judgment and decree of permanent injunction was decreed, hence the above appeal filed in the order of interlocutory application is not sustainable. Therefore, that the Hon'ble Court may kindly be pleased to permit to withdraw as appeal is infructuous". 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE AG,List No.: 1 Sl No.: 6