- 1 - HC-KAR NC: 2025:KHC:25993 MFA No. 4610 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 4610 OF 2024 (CPC) BETWEEN: 1. ST MARY'S KALAMANE AND AREKAL ESTATES NIDUVALE VILLAGE, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT, A PARTNERSHIP FIRM, HAVING ITS ADMINISTRATIVE OFFICE AT NO. 11, HOYES ROAD, BENGALURU 560 025 REPRESENTED BY ITS MANAGING PARTNER, SRI. AVINASH PRABHU S/O PETER J.R PRABHU., R/O. ST. MARY KALMANE ESTATE NIDUVALE VILLAGE AND POST MUDIGERE TALUK …APPELLANT (BY SRI. J P DARSHAN.,ADVOCATE) AND: 1. PETER J R PRABHU AGED MAJOR, S/O LATE MR. H.P. RODRIGUES, NO.80, III CROSS, LAVELLE ROAD, BENGALURU-560001., 2. STATE BANK OF INDIA, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, COMMERCIAL BRANCH, VELLORE DISTRICT. WALAJPET-632513. Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25993 MFA No. 4610 of 2024 3. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL-I, 6TH FLOOR, DEWA TOWERS, 770-A, ANNA SALAI, CHENNAI-600002 …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 151 OF CPCP TO SET ASIDE THE ORDER DATED 05.04.2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE, ON I.A.NO.1 UNDER ORDER 39 RULE 1 AND 2 PRODUCED AS ANNEXURE A, PASSED IN O.S.NO.10/2021, CONSEQUENTLY, ALLOW I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC IN O.S.NO.10/2021 BEFORE THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE AND OTHERS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 10.07.2025 seeking withdrawal of the appeal, which reads as under: "The undersigned counsel for the Appellant herewith submits that the Appellant has preferred this appeal challenging the order dated - 3 - HC-KAR NC: 2025:KHC:25993 MFA No. 4610 of 2024 05.04.2024 passed on I.A.No.1 under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908, filed by the Appellant seeking injunctive reliefs against Respondent No.3 in O.S.10/2021. It is further submitted that since on the same day the trial court in O.S.No.10/2021 passed an order on I.A.No.4 and directed the applicant to delete the Respondent No.3 from the suit. Challenging this order, the Appellant had preferred a writ petition before Hon'ble High Court of Karnataka in W.P.No.18774/2024. In the said petition, this Hon'ble Court has observed that Recovery Officer cannot be made a party, and injunctive reliefs could not be sought so as against the Respondent No.3 as there is a statutory bar to the same and has dismissed the Petition. It is submitted that in the above appeal too, the Appellant has challenged order on I.A. under Order XXXIX Rule 1 and 2 seeking restraint against Respondent No.3. In the light of the above decision of this Hon'ble Court, the above appeal becomes infructuous and hence this memo of withdrawal may be taken on record in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:25993 MFA No. 4610 of 2024 2. The said memo is placed on record. 3. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE CH List No.: 1 Sl No.: 4