- 1 - HC-KAR NC: 2025:KHC:21329 MFA No. 1979 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 1979 OF 2025 (CPC) BETWEEN: SRI. PRANOY KUMAR, S/O ASHOK KUMAR, AGED ABOUT 35 YEARS, FLAT NO. 6D, B WING, SANKESHWAR NANDA APT, SANKAR MUTT ROAD, BASAVANAGUDI, BANGALORE - 560 004. …APPELLANT (BY SRI. R.A. DEVANAND, ADVOCATE) AND: 1. SRI. VENKATESH C, S/O LATE CHIKKARASAPPA, AGED ABOUT 66 YEARS, NO.14, NAGEGOWDANAPALYA VILLAGE, KENGERI HOBLI, BENGALURU, BANGALORE - 560 109. 2. THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21329 MFA No. 1979 of 2025 THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 03.03.2025 PASSED ON IA.NO.II IN OS.NO.2239/2024 ON THE FILE OF THE COURT OF THE PRL. CIVIL JUDGE, BENGALURU RURAL, BENGALURU, DISPOSING OFF IA.NO.II FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. 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 appellant has filed a memo, which reads as follow: "By this memo, appellant submits that he has adopted wrong prosecution of prosecuting the above appeal before this Hon'ble Court as he has to file Miscellaneous Appeal as prescribed under the code before the Principal District and Sessions Judge Bangalore Rural District at Bangalore and hence, above appeal may be dismissed as not pressed to enable him to present the appeal before the competent court as C.P.C., prescribes. Hence, this memo. - 3 - HC-KAR NC: 2025:KHC:21329 MFA No. 1979 of 2025 2. In view of the same, the above appeal is dismissed as not pressed with liberty as sought for. 3. In view of dismissal of the main appeal, all pending applications are also dismissed as being unnecessary. Sd/- (C.M. POONACHA) JUDGE KTY List No.: 2 Sl No.: 4 CT: BHK