- 1 - HC-KAR NC: 2025:KHC:25775 MFA No. 5006 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 5006 OF 2025 (CPC) BETWEEN: SRI. H.R. VISHWANATHA S/O LATE RAMAKRISHNA AGED ABOUT 48 YEARS R/AT NO.118, 1ST MAIN 2ND CROSS, SOUNDARYA SCHOOL BACKSIDE, VIDYAMANANAGARA ANDARAHALLI, BENGALURU NORTH ALSO AT HAMPAPURA VILLAGE HAMPAPURA POST, HOSA AGRAHARA HOBALI K.R.NAGARA TALUK MYSURU DISTRICT-571 601 …APPELLANT (BY SRI. K.N. NITISH, ADVOCATE) AND: 1. SRI. A.S. KUMARASWAMY S/O SIDDALINGAPPA AGED ABOUT 56 YEARS 2. SRI. ADITHYA K. PATIL S/O A.S. KUMARASWAMY AGED ABOUT 28 YEARS BOTH ARE R/AT ADAGURU VILLAGE HOSA AGRAHARA HOBLI K.R.NAGAR TALUK MYSURU DISTRICT …RESPONDENTS Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25775 MFA No. 5006 of 2025 THIS MFA IS FILED U/O.43 RULE 1(d) OF THE CPC, AGAINST THE ORDER DT. 13.06.2025 PASSED IN MISC.NO. 7/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, K.R.NAGAR, MYSURU, ALLOWING THE PETITION FILED UNDER ORDER 9 RULE 13 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 RAMACHANDRA D. HUDDAR ORAL JUDGMENT The learned counsel for the appellant submits that in fact the appellant has already filed the Writ Petition. 2. His submission is placed on record. Appellant is permitted to withdraw this appeal with liberty to file the writ petition as prayed. 3. Accordingly, this appeal is disposed of with liberty stated above. 4. Registry is directed to return the documents. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE SK List No.: 1 Sl No.: 14