- 1 - HC-KAR NC: 2025:KHC:23447 MFA No. 7718 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.7718 OF 2024 (CPC) BETWEEN: 1. SRI. S. SOMANNA AGED ABOUT 59 YEARS S/O LATE B.M. SHAMANNA R/AT KUNTE NANJAPPA ROAD OF BELLARY ROAD BYATARAYANAPURA BENGALURU-560 092. …APPELLANT (BY SRI. VASANTH MADHAVA S., ADVOCATE) AND: 1. SRI.M.KRISHNAPPA S/O MUNISHAMAPPA AGED ABOUT 78 YEARS 2. SRI. M. NANJAPPA S/O MUNISHAMAPPA AGED ABOUT 73 YEARS 3. SRI. B.M. NAGARAJ S/O N. MUNISHAMAPPA AGED ABOUT 71 YEARS Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23447 MFA No. 7718 of 2024 4. SRI. B. M. SHANKARE GOWDA S/O N. MUNISHAMAPPA AGED ABOUT 68 YEARS 5. SRI. M. MUNE GOWDA S/O MUNISHAMAPPA AGED ABOUT 55 YEARS RESPONDENT NOs.1 TO 5 ARE R/AT KUNTE NANJAPPA ROAD OF BELLARY ROAD BYATARAYANAPURA BENGALURU-560 092. …RESPONDENTS (BY SRI. PRAKASH T.HEBBAR, ADVOCATE FOR C/R1 TO R5) THIS MFA FILED U/O 43 RULE 1(r) SECTION 151 OF CPC, 1908, AGAINST THE ORDER DATED 11.06.2024 PASSED ON I.A.NO.1 IN OS.NO.827/2024 ON THE FILE OF THE COURT OF THE XXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-9, BENGALURU, REJECTING THE IA.NO.1 FILED UNDER ORDER XXXIX RULES 1 AND 2 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 - 3 - HC-KAR NC: 2025:KHC:23447 MFA No. 7718 of 2024 ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 18.03.2025 seeking withdrawal of the appeal, which reads as under: "The Appellant herein prays that this Hon'ble Court may be pleased to dispose the appeal as withdrawn with liberty to Appellant to seek appropriate remedy in trial court in the interest of justice." 2. The said memo is placed on record. 3. In view of the memo, the appeal is dismissed as withdrawn. Pending interlocutory applications, if any, stand disposed of. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PGG List No.: 1 Sl No.: 8