- 1 - HC-KAR NC: 2025:KHC-D:16550 MFA No. 104519 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.104519 OF 2023 (MV-D) BETWEEN: THE MANAGER, CHOLAMANDALAM M.S. GENERAL INSURANCE COM LTD., 1ST FLOOR, KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBLI-580029, REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. MALLIKARJUN MADANALLI, ADVOCATE FOR SRI. NAGARAJ C. KOLLOORI, ADVOCATE) AND: 1. MANJUNATH S/O. NAGAPPA HULAMANI, AGE: 28 YEARS, OCC: BUSINESS (MILITARY), R/O. MEKALAMARADI, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16550 MFA No. 104519 of 2023 TQ: BAILHONGAL, DIST: BELAGAVI-591102. 2. RUDRAYYA S/O. SHIVAYYA GURUVAINAVAR, AGE: 41 YEARS, OCC: BUSINESS, R/O. AMBADAGATTI, TQ: KITTUR, DIST: BELAGAVI-591115. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988 PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 11.03.2022 PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL IN MVC NO.834/2020 AND THIS HON’BLE COURT MAY PASS ANY SUCH ORDERS AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS OF THE ABOVE PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER WAS PASSED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:16550 MFA No. 104519 of 2023 ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Sri Mallikarjun representing Sri Nagaraj C. Kolloori, learned counsel on record for the appellant files memo seeking permission to not press the appeal. 2. Gone through the contents of the memo filed. Having considered the grounds urged, permission to withdraw the appeal is accorded. Thereby the appeal is dismissed as withdrawn. 3. Consequently the proceedings in pending interlocutory applications stand closed. 4. Amount if any in deposit, be transmitted to the concerned Tribunal forthwith. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 11