- 1 - NC: 2025:KHC:2899 MFA No. 1445 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 1445 OF 2020 (CPC) BETWEEN: THE JADE GARDEN PLOT OWNERS ASSOCIATION, JADE GARDEN, SADAHALLI VILLAGE, DEVANAHALLI TLAUK, OPP. CLUB CABANA AUDITORIUM, BENGALURU 562 110. REP BY ITS HON’BLE SECRETARY IN OFFICE SRI. M GURURAJ. APPELLANT (BY SRI. SR KAMALACHALAN FOR SRI. PRADEEP S SAWKAR, ADVOCATE) AND: SRINIVAS SUBRAMANYAM, SON OF SUBRAMANYAM, AGD ABOUT 37 YEARS, NO.77, E-BLOCK, PENTHOUSE, DIAMOND DISRICT, BANGLAORE 560 008. RESPONDENT MFA FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED. 19.08.2019, PASSED ON IA.NO.1, IN O.S. NO.462/2014, ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC., DEVANAHALLI, REJECTING THE IA.NO.I, FILED U/O.39 RULE 1 AND 2 R/W. SEC.151 OF CPC AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2899 MFA No. 1445 of 2020 ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawing the appeal and submits that the main suit itself is dismissed. 2. Though office has raised objections regarding maintainability of the appeal. 3. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (K.NATARAJAN) JUDGE PNV List No.: 1 Sl No.: 7