- 1 - NC: 2025:KHC:17954 MFA No. 1973 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 1973 OF 2021 (CPC) BETWEEN: G M GANESH S/O K.MANJAPPA GOWDA AGED ABOUT 37 YEARS R/O I CROSS, DURGIGUDI SHIVAMOGGA-577201. …APPELLANT (BY SRI. S V PRAKASH., ADVOCATE) AND: S R PRAKASH S/O RAJANNA AGED ABOUT 38 YEARS CONTRACTOR, RIGHT SIDE, I CROSS, ASHOKANAGARA, SHIVAMOGGA-577201. …RESPONDENT (BY SRI. PRASAD B S., ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908 AGAINST THE ORDER DATED 21.03.2020 PASSED IN NO. CIVIL MISC. PETITION NO. 9/2020 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 OF CPC, AS NOT MAINTAINABLE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17954 MFA No. 1973 of 2021 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal since he is not intended to proceed further in the matter. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 8