- 1 - HC-KAR NC: 2025:KHC:20054 MFA No. 4134 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 4134 OF 2025 (CPC) BETWEEN: M. SURESH GOWDA S/O. LATE MAYEEGOUDA, AGED ABOUT 54 YEARS. R/O. NO.98/N-1, 3RD MAIN ROAD. 11TH CROSS, LALITHA MAHAL NAGARA, MYSURU-570 028 …APPELLANT (BY MS. SWATI G HEGDE, ADVOCATE FOR MS. H PAVANA CHANDRA SHETTY, ADVOCATE) AND: 1. PRESIDENT SIDDHARTHA SPORTS CLUB (R). SANMARGA, 2ND PHASE, SIDDHARTHA NAGARA, MYSURU-570 011. 2. SECRETARY, SIDDHARTHA SPORTS CLUB (R), SANMARGA, 2ND PHASE, SIDDHARTHA NAGARA, MYSURU-570 011 …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 02.05.2025 PASSED ON I.A.NO.1 IN OS.NO.1391/2024 ON THE FILE OF THE XIII ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20054 MFA No. 4134 of 2025 CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT Learned counsel for the appellant has filed a memo which reads as follows: “The Appellant herewith withdraw the above appeal with a liberty to file before the jurisdictional Trial Court, Hence, this memo, it may be kindly taken on record in the interest of justice and equity.” 2. In view of the memo, the above appeal is dismissed as withdrawn with liberty as sought for. Sd/- (C.M. POONACHA) JUDGE PNV List No.: 2 Sl No.: 6