- 1 - NC: 2025:KHC:17779 MFA No. 3251 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3251 OF 2025 (CPC) BETWEEN: 1. SMT. MAHALAKSHMI W/O LATE P.M. NINGE GOWDA AGED ABOUT 62 YEARS 2. SRI. SUMANA S/O LATE P.M. NINGE GOWDA AGED ABOUT 42 YEARS 3. SRI. SAGARA S/O LATE P.M. NINGE GOWDA AGED ABOUT 42 YEARS APPELLANTS NO. 1 TO 3 ARE RESIDING AT PATTA SOMAHANALLI VILLAGE KASABA HOBLI, PANDAVAURA TALUK MANDYA DISTRICT. …APPELLANTS (BY SRI. MANJUNATHA .V, ADVOCATE) AND: SRI. S. LINGEGOWDA S/O LATE LINGEGOWDA @ SHADEGOWDA AGED ABOUT 77 YEARS RESIDING AT NO.1212 LALITHA MAHAL, 7TH CROSS CHAMUNDESHWARI NAGAR Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17779 MFA No. 3251 of 2025 MANDYA CITY - 571 401 MOB: 99024 74462 …RESPONDENT THIS MFA IS FILED U/O 43 RULE 1(u) OF THE CPC, AGAINST THE ORDER DATED 17.04.2025 PASSED IN M.A.NO.6/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, CONFIRMING THE ORDER PASSED BY PRINCIPAL CIVIL JUDGE AND JMFC, PANDAVAPURA IN O.S. NO.18/2023 DATED 27.04.2024 PASSED ON I.A.NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 R/W SEC.151 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 appellants has filed memo seeking withdrawal of the appeal. 2. Memo is taken on record. 3. In view of the memo, the appeal is dismissed as withdrawn with liberty to appellants to file Miscellaneous Second Appeal. 4. Registry is directed to return all the original documents to the appellants after substituting the same with photocopy. SD/- (HANCHATE SANJEEVKUMAR) JUDGE NBM List No.: 1 Sl No.: 16