- 1 - NC: 2025:KHC:12682 MFA No. 4406 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4406 OF 2024 (CPC) BETWEEN: SRI. HANUMAKKA W/O LATE. GOVINDAIAH, AGED ABOUT 65 YEARS, R/AT HOSAPALYA VILLAGE, NARASANDRA POST, KUDURU HOBLI,MAGADI TALUK, RAMANAGARA DISTRICT 570108. …APPELLANT (BY SRI.ROHIT GOWDA B J.,ADVOCATE) AND: 1. RAJU. N. V. RAJU NV. S/O LATE VENKATAPPA, AGED ABOUT 64 YEARS R/AT NARASIMHARAJAPURA, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK-560086. 2. BHYREGOWDA, S/O LATE VENKATAPPA, AGED ABOUT 62 YEARS R/AT NARASIMHARAJAPURA, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK-560086. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12682 MFA No. 4406 of 2024 3. SRINIVASA S/O LATE VENKATAPPA, AGED ABOUT 60 YEARS R/AT NARASIMHARAJAPURA, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK-560086. 4. HANUMANTHARAJU.N. V, S/O LATE VENKATAPPA, AGED ABOUT 58 YEARS,... R/AT NARASIMHARAJAPURA, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK-560086. 5. SMT. DHANALAKSHMAMMA W/O GOVINDARAJU, AGED ABOUT 6,3 YEARS R/AT CHIKKABIDARAKALLU, NAGASANDRA POST, -560082 BENGALURU NORTH TALUK, 6. KUMARA BS, S/O SRINIVAS, AGED ABOUT 35 YEARS, R/AT BETTAHALLI, KADABAGERE POST, DASANAPURA HOBLI,-560081. BENGALURU NORTH TALUK, 7. KIRAN R, S/O LATE RAMAIAH, AGED ABOUT 32 YEARS, R/AT RAVATTANAHALLI, KITTANAHALLI POST, DASANAPURA HOBLI,-560081 BENGALURU NORTH TALUK - 3 - NC: 2025:KHC:12682 MFA No. 4406 of 2024 8. YATHISH, S/O LATE. CHIKKANARASAIAH, R/AT LAKSHMIPURA POST, DASANAPURA HOBLI,-560081. BENGALURU NORTH TALUK, …RESPONDENTS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 10.06.2024 PASSED ON I.A. NOs.1 AND 2 IN O.S.NO.472/2024 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA. IN TIME. C.F. NOT PAID. I.A.1/2024 FOR STAYI.A. FILED UNDER ORDER 41 RULE 5 READ WITH SECTION 151 OF CPC, PRAYING TO STAY THE IMPUGNED ORDER DATED 10.06.2024 PASSED IN O.S.NO. 472/2024 PENDING BEFORE II ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA, 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 appellant has filed a memo seeking withdrawal of the appeal as it has become infructuous. - 4 - NC: 2025:KHC:12682 MFA No. 4406 of 2024 In view of the memo, appeal stands dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 2 Sl No.: 62