- 1 - NC: 2025:KHC:15309 MFA No. 6347 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6347 OF 2019 (CPC) BETWEEN: 1. M. RAMAIAH S/O LATE M. MUTHARAYAPPA, AGED ABOUT 64 YEARS, RESIDIGN AT THANISANDRA VILLAGE, KRISHNARAAJPURAM HOBLI, BENGALURU SOUTH TALUK. 2. SRINIVAS S/O RAMAIAH, AGED ABOUT 45 YEARS, RESIDING AT THANISANDRA VILLAGE, KRISHNAGARAJAPURAM HOBLI, BENGALURU SOUTH TALUK. …APPELLANTS (BY SRI. MITHUN GERAHALLI. A., AND SRI. G.D. ASWATHANARAYAN, ADVOCATES) AND: 1. S. B. SUSHEELAMMA GPA HOLDER B.R.CHANDRA MOHAN, S/O. LATE C.RAMANNA, AGED ABOUT 60 YEARS, RESIDING AT NO.14, 5TH CROSS, III STAGE, WEST OF CHORD ROAD, MARUTHI LAYOUT, BASAVESHWRANAGAR, BANGALORE – 560 079. 2. G.R.CONSTRUCTIONS, BY ITS DIRECTOR/MANAGER, 161/A, TEACHERS COLONY, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15309 MFA No. 6347 of 2019 1ST MAIN, 7TH CROSS, NEAR DAYANANDA SAGAR COLLEGE, KUMARASWAMY LAYOUT, BENGALURU – 560 078. …RESPONDENTS (BY SRI. AJITH ANAND SHETTY, ADVOCATE FOR R1; V/O DATED 04.12.2019, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED 03.10.2018 PASSED ON MISC. PETITION NO.264/2018 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU [CCH-32], ALLOWING THE PETITION FILED UNDER ORDER 39 RULE 2A OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal. The said memo is placed on record. Consequently, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 21