- 1 - NC: 2025:KHC:9975 MFA No. 7634 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7634 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-560 004. REP. BY ITS AUTHORIZED OFFICER SRI SREEDHARA B A. …APPELLANT (BY SRI RAGHAVENDRA C, ADVOCATE) AND: 1. SMT. ROOPA M 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. 5. SMT. PADMASHREE K G, D/O LATE K H GOPINATH, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9975 MFA No. 7634 of 2023 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, REP. BY THEIR MOTHER AND MINOR GUARDIAN SMT. SHYLASHREE, W/O LATE K N RAGHAVENDRA, AGED ABOUT 41 YEARS. 14. SRI K H NANJUNDASA, S/O LATE K N HANUMANTHA SA, AGED ABOUT 78 YEARS. - 3 - NC: 2025:KHC:9975 MFA No. 7634 of 2023 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/A NO.240, 3RD MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560 085. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 01.09.2023 PASSED ON IA NO.1 AND 2 IN O.S.NO.2320/2022 ON THE FILE OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-36), ALLOWING IA NO.1 AND 2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 4 - NC: 2025:KHC:9975 MFA No. 7634 of 2023 ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 19.02.2025 seeking permission of this Court to withdraw the appeal. 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE NR/- List No.: 1 Sl No.: 5