- 1 - HC-KAR NC: 2025:KHC:20890 MSA No. 85 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS SECOND APPEAL NO.85 OF 2025 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: 1. SRI. S. LINGEGOWDA, S/O LATE LINGEGOWDA @ SHADEGOWDA, AGED ABOUT 77 YEARS, RESIDING AT NO.1212, LALITHA MAHAL, 7TH CROSS, CHAMUNDESHWARI NAGAR, MANDYA CITY - 571 401. …RESPONDENT (BY SRI. AKARSH KUMAR GOWDA, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20890 MSA No. 85 of 2025 THIS MSA IS FILED UNDER SECTION 43 RULE (1)(U) OF CPC., PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE THE JUDGMENT DATED 17.04.2025, MADE IN MA NO.6/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT PANDAVAPURA, AND CONFIRM THE ORDER PASSED BY ADDITIONAL CIVIL JUDGE AND JMFC, PANDAVAPURA IN O.S.NO.18/2023 DATED 22.04.2024 PASSED ON IA NO.1 FILED UNDER ORDER XXXIX 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 H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellants has filed a memo seeking permission of this Court withdraw the appeal with liberty to file fresh petition in accordance with law. 2. In view of the memo, the Miscellaneous Second Appeal is dismissed as withdrawn with liberty, as sought. 3. The office is directed to return the certified copies of the documents after collecting the xerox copies of the same. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 3