- 1 - NC: 2025:KHC:1790 MFA No. 2528 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO.2528 OF 2017 (CPC) BETWEEN: SRI MUNIVENKATAPPA, S/O LATE KARIYAPPA, AGED ABOUT 37 YEARS, BANGARAPPA NAGAR, HOSAKEREHALLI, BSK III STAGE, BENGALURU 560085. APPELLANT (BY SRI. GEETA R SHINDHE.,ADVOCATE) AND: 1. SRI SIDDAPPA, S/O LATE KADIRAPPA, AGED ABOUT 72 YEARS, R/AT HOSAKEREHALLI VILLAGE, UTTARAHLLI HOBLI, BENGALURU - 560085. 2. SRI NIJAGALAPPA @ MUTATAPPA, S/O LATE KADIRAPPA, MAJOR, R/AT NO.75, 3RD CROSS ROAD, VEERABHADRANAGAR, HOSAKEREHALLI, BENGALURU - 560085. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1790 MFA No. 2528 of 2017 3. SRI MUNIYAPPA, S/O LATE KARIYAPPA, AGED ABOUT 48 YEARS, BANGARAPPA NAGAR, HOSAKEREHALLI, BSK III STAGE, BENGALURU 560085. 4. SRI HANUMANTHAPPA, S/O LATE KARIYAPPA, AGED ABOUT 45 YEARS, BANGARAPPA NAGAR, HOSAKEREHALLI, BSK III STAGE, BENGALURU 560085. 5. SMT VENKALAKSHMI, D/O LATE KARIYAPPA, AGED ABOUT 44 YEARS, BANGARAPPA NAGAR, HOSAKEREHALLI, BSK III STAGE, BENGALURU 560085. RESPONDENTS (BY R2, R4 AND R5 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,1908 AGAINST THE ORDER DATED 11.01.2017 PASSED ON I.A. NOs. 1 & 2 IN O.S.NO. 7561/2015 ON THE FILE OF THE 29TH ADDITIONAL CITY COURT AND SESSIONS JUDGE AND BENGALURU(CCH-30), ALLOWING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC, DISMISSING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 4 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 - 3 - NC: 2025:KHC:1790 MFA No. 2528 of 2017 ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo for withdrawing the appeal. 2. The submission is placed on record. 3. In view of the above submission, the appeal is dismissed as withdrawn. Sd/- (K.NATARAJAN) JUDGE PNV List No.: 1 Sl No.: 7