- 1 - HC-KAR NC: 2025:KHC:21937 MFA No. 1782 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.1782 OF 2025 (CPC) BETWEEN: SMT. MANCHAMMA D/O. LATE CHANNANAYAKA, W/O. LINGANAYAKA, AGED ABOUT 63 YEARS, R/O NO. 270, HODDAPPAGOWDA ROAD, NAYAKARA BEEDI, HINKAL VILLAGE, MYSURU TALUK – 570 017 …APPELLANT (BY SRI. VIJAY A.M, ADVOCATE) AND: 1. SMT CHIKKACHOWDAMMA W/O. LATE CHANNANAIKA @ CHANNANKANAIKA, AGED ABOUT 56 YEARS, 2. SRI CHENNINGA SWAMY, S/O. LATE CHANNANAIKA @ CHANNANKANAIKA, AGED ABOUT 39 YEARS, 3. SRI.MARISWAMY, S/O LATE CHANNANAIKA @ CHANNANKANAIKA, AGED ABOUT 34 YEARS 4. SMT. JYOTHI, D/O LATE CHANNANAIKA @ CHANNANKANAIKA, AGED ABOUT 31 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21937 MFA No. 1782 of 2025 ALL ARE RESIDENTS OF KAMARAHALLI VILLAGE, DODDAMAREGOWDANAHALLI DHAKHALE, YELWALA HOBLI, MYSURU TALUK – 571 130. …RESPONDENTS THIS MFA FILED U/O.43 RULE 1(c) OF THE CPC, AGAINST THE ORDER DT.23.01.2025 PASSED IN MIS NO.23/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU, DISMISSING THE PETITION FILED U/O.IX RULE 9 R/W SEC.151 OF CPC WITH NO COST. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT Learned counsel for the appellant has filed a Memo, which reads as follows: “MEMO The undersigned seeks leave of this Hon’ble Court to withdraw the above appeal and liberty may be reserved to the appellant to challenge the impugned order before the Hon’ble District Court, Mysuru.” 2. In view of the same, the above appeal is dismissed as withdrawn reserving liberty as sought for. Learned counsel for the appellant is permitted to file the - 3 - HC-KAR NC: 2025:KHC:21937 MFA No. 1782 of 2025 appeal before the District Court within two weeks from today. 3. Certified copies of the impugned order to be returned after the same is replaced by copies. SD/- (C.M. POONACHA) JUDGE DR List No.: 2 Sl No.: 1