- 1 - NC: 2025:KHC:8801 MFA No. 7700 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 7700 OF 2024 (CPC) BETWEEN: SRI PRAKASH CM, S/O. LATE SRI. CHIKKAMADAIAH @ CHIKKEMADEGOWDA, AGED ABOUT 54 YEARS, R/O. NO. 1/3-1, DEVANATHACHAR STREET, 5TH MAIN ROAD, 7TH CROSS, CHAMARAJAPET, BENGALURU-560 018. APPELLANT (BY SRI. BASAVANNA KM.,ADVOCATE) AND: SRI BEERAIAH M, S/O. LATE SRI. CHIKKAMADAIAH @ CHIKKEMADEGOWDA, AGED ABOUT 62 YEARS, R/O. NO. 1/1, DEVANATHACHAR STREET, 5TH MAIN ROAD, 7TH CROSS, CHAMARAJAPET, BENGALURU-560 018. RESPONDENT (BY SRI. VB SHIVAKUMAR.,ADVOCATE) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 22.06.2024 PASSED ON I.A.NOs. 1 AND 2 IN OS.NO.5119/2021 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-32, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8801 MFA No. 7700 of 2024 BENGALURU, DISMISSING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. AND ALLOWING THE IA.NO.II FILED UNDER ORDER 39 RULE 4 OF CPC AND ETC,. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Learned counsel for the appellant has filed a memo for withdrawing the appeal on the ground that the matter is stated to be settled between the parties in the Trial Court. 2. The memo and submission is placed on record. 3. Learned counsel for the respondent is also present. 4. In view of the aforementioned, the above appeal is dismissed as withdrawn. 5. Pending interlocutory applications, if any, does not survive for consideration. Sd/- (K.NATARAJAN) JUDGE PNV - List No.: 1 Sl No.: 34