- 1 - NC: 2025:KHC:11720 MFA No. 7509 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7509 OF 2023 (CPC) BETWEEN: SIR. M. VISVESVARAYA CO-OPERATIVE BANK LIMITED HAVING THEIR REGISTERED OFFICE AT NO.109, CORPORATE OFFICE, 2ND FLOOR, SHANKARA MUTT ROAD, SHANKARAPURAM, BANGALORE-560004 REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. SREEDHARA B.A. …APPELLANT (BY SRI. RAGHAVENDRA C., ADVOCATE) AND: 1. SMT. ROOPA. K. M. D/O LATE MURAHARI, AGED ABOUT 41 YEARS, 2. SRI.M. SATHYANARAYANA S/O LATE MURAHARI, AGED ABOUT 45 YEARS, 3. SMT.VASUDHARA K.G. D/O LATE K H GOPINATH, AGED ABOUT 42 YEARS, 4. SMT. SHARADA K.G. D/O LATE K.H. GOPINATH, AGED ABOUT 40 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11720 MFA No. 7509 of 2023 5. SMT. PADMASHREE K.G. D/O LATE K H GOPINATH, AGED ABOUT 35 YEARS, 6. SMT. NANDINI K.G. D/O LATE K H GOPINATH, AGED ABOUT 35 YEARS, 7. SMT. VIJAYA SHREE K.G. D/O LATE K H GOPINATH, AGED ABOUT 30 YEARS, 8. SMT. ASHWINI K.S. D/O K H SHIVARAM, AGED ABOUT 34 YEARS, 9. SRI. HEMANTH S/O K H SHIVARAM, AGED ABOUT 29 YEARS, 10. SRI. NITHYANANDA K.A. S/O ASHWATHNARAYANA, AGED ABOUT 44 YEARS, 11. SMT. ARCHANA K.A. D/O SRI. K H ASHWATHNARAYANA, AGED ABOUT 38 YEARS, 12. KU. SHREYA, D/O LATE RAGHAVENDRA, AGED ABOUT 18 YEARS, 13. KU. NIDHI D/O LATE RAGHAVENDRA, AGED ABOUT 12 YEARS, REPRESENTED BY THEIR MOTHER AND MINOR GUARDIAN, SMT SHYLASHREE, W/O LATE K N RAGHAVENDRA, AGED ABOUT 41 YEARS, - 3 - NC: 2025:KHC:11720 MFA No. 7509 of 2023 14. SRI.K.H. NANJUNDASA S/O LATE K N HANUMANTHA SA, AGED ABOUT 78 YEARS, 15. SRI. K.H. ASHWATH S/O LATE K N HANUMANTHA SA, AGED ABOUT 71 YEARS, 16. SRI. SHIVARAM K H S/O LATE K N HANUMANTHA SA, AGED ABOUT 67 YEARS, 17. SRI. K H VISHWANATH S/O LATE K N HANUMANTHA SA, AGED ABOUT 65 YEARS, 18. SRI K H SOMASHEKAR S/O LATE K N HANUMANTHA SA, AGED ABOUT 63 YEARS, 19. SRI. K.H. VINAYAKA S/O LATE K.N. HANUMANTHA SA, AGED ABOUT 59 YEARS, 20. SMT. K H KASTURI BAI D/O K H NANJUNDA SA, AGED ABOUT 74 YEARS, THE RESPONDENT NOS.1 TO 20 ARE R/AT NO.240, 3RD MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560085. …RESPONDENTS (R1 TO R11, R15 TO R20 ARE SERVED AND UNREPRESENTED.) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 01.09.2023 PASSED ON I.A.NO.1 IN OS.NO.2320/2022 ON THE FILE OF THE C/C XXXV ADDITIONAL CC AND SJ JUDGE, BENGALURU, CCH-36 ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. - 4 - NC: 2025:KHC:11720 MFA No. 7509 of 2023 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking of withdraw the appeal. Memo is placed on record. The appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BH List No.: 1 Sl No.: 7