- 1 - HC-KAR NC: 2025:KHC:19136 MSA No. 99 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS SECOND APPEAL NO. 99 OF 2025 BETWEEN: 1. MR. JEROME STEPHAN CORREA AGED ABOUT 48 YEARS S/O LATE JOSEPH CORREA R/AT J.S VILLA MANJANBAILU HOUSE MOODABIDIRI TALUK DAKSHANA KANNADA-574 274. …APPELLANT (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. FRANCIS KUVEL ALIAS FRANCIS TAURO AGED ABOUT 64 YEARS S/O LIGORY TAURO R/AT D.NO.4-93, LILLY D'SOUZA COMPOUND GUDDE THOTA, NAGURI MANGALURU TALUK DAKSHINA KANNADA-575 007. 2. UMANATH AGED ABOUT 47 YEARS S/O LATE RAMACHANDRA R/AT D.NO.3-34 NAGARAKATTE ROAD NEAR GARADIMANE MARPADY VILLAGE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19136 MSA No. 99 of 2025 MOODABIDRI TALUK DAKSHINA KANNADA-574 227. …RESPONDENTS THIS MSA IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA AGAINST THE JUDGMENT DATED 03.05.2025 PASSED IN MA NO.1/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI, DAKSHINA KANNADA, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 18.03.2025 PASSED ON IA NO.II IN O.S.183/2024 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODABIDRI, REJECTING THE IA NO.II FILED UNDER ORDER 39 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 Learned counsel for the appellant seeks permission of this Court to withdraw the appeal with liberty to file appropriate petition. 2. The submission is placed on record. 3. In view of the oral submission, the regular second appeal is dismissed as withdrawn with liberty to file appropriate petition. - 3 - HC-KAR NC: 2025:KHC:19136 MSA No. 99 of 2025 4. The Registry is directed to return the certified copies of the documents. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 3