- 1 - NC: 2025:KHC:13671 MFA No. 3113 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3113 OF 2024 (CPC) BETWEEN: SRI BEEREGOWDA S/O LATE RAMAIAH AGED ABOUT 62 YEARS R/AT ARALUMALLIGE VILLAGE KASABA HOBLI DODDABALLAPURA TALUK-561203 CHIKKABALLAPURA DISTRICT …APPELLANT (BY SRI. JAGADISH J.R., ADVOCATE) AND: 1. SRI B N NAGARAJU S/O LATE NARAYANAPPA AGED ABOUT 58 YEARS R/AT ARALUMALLIGE VILLAGE KASABA HOBLI DODDABALLAPURA TALUK 561203 CHIKKABALLAPURA DISTRICT. 2. SRI M MUNIYAPPA S/O. MUNISHAMAPPA AGED ABOUT 68 YEARS R/AT YAKASHIPURA VILLAGE KASABA HOBLI DODDABALLAPURA TALUK - 561 203 CHIKKABALLAPURA DISTRICT. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 24.01.2024 PASSED ON I.A.NO.7 IN OS.NO.999/2022 ON THE Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13671 MFA No. 3113 of 2024 FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA, REJECTING THE I.A.NO.7 FILED UNDER ORDER 39 RULE 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 1. Learned counsel for the appellant has filed memo dated 01.04.2025 seeking to withdraw the appeal with liberty to approach the appropriate forum. 2. Placing the memo on record the appeal is dismissed as withdrawn with liberty as sought for. SD/- (HANCHATE SANJEEVKUMAR) JUDGE NG List No.: 2 Sl No.: 37 CT: SG