- 1 - HC-KAR NC: 2025:KHC:19532 MFA No. 3450 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3450 OF 2025 (CPC) BETWEEN: B. N. SATHYA KUMAR, S/O. LATE. B.V.NANJA REDDY, AGED ABOUT 66 YEARS, R/AT NO.493, 'MATHRUSHREE NILAYA', BALAGERE MAIN ROAD, VARTHUR POST, BENGALURU EAST TALUK, BENGALURU-560 087. …APPELLANT (BY SRI. H PAVANA CHANDRA SHETTY, ADVOCATE) AND: M/S. SAI SANNIDHI PROPERTIES, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO. 35/1B, GEETHANA ORCHARD BUILDING, 2ND FLOOR, VARTHUR MAIN ROAD, MUNEKOLALA, MARATHAHALLI, BENGALURU - 560 037. REPRESENTED BY ITS PARTNERS: 1. ANIL N, AGED ABOUT 41 YEARS, Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19532 MFA No. 3450 of 2025 S/O NAGA LINGA REDDY. 2. M RAVI, AGED ABOUT 48 YEARS, S/O MUNIYAPPA. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 24.03.2025 PASSED ON I.A.NO.I IN OS.NO. 1289/2024 ON THE FILE OF THE C/c PRINCIPAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ETC., 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 files a memo, which reads as under: “The Appellant herewith withdraw the above appeal with a liberty to file a Miscellaneous Appeal before the jurisdictional Trial Court. Hence this memo, it may be kindly taken on record in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:19532 MFA No. 3450 of 2025 2. In view of the memo, the writ petition is dismissed as withdrawn, reserving liberty as sought for. SD/- (C.M. POONACHA) JUDGE SRK List No.: 2 Sl No.: 1