- 1 - HC-KAR NC: 2025:KHC-D:18066 MFA No. 100869 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH MISCELLANEOUS FIRST APPEAL NO.100869 OF 2024 (CPC) BETWEEN: CHANDRASHEKAR S/O. BHIMAPPA HUGAR @ BENGERI, AGE. 56 YEARS, OCC. GOVT. SERVICE, R/O. HUGAR FARM, UDAYANAGAR, BENGERI EXTENSION, HUBBALLI-580023. …APPELLANT (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. SMT. SHANTAVVA W/O. BHIMAPPA HUGAR, AGE. 81 YEARS, OCC. HOUSEHOLD WORK, R/O. HUGAR FARM, UDAYANAGAR, BENGERI EXTENSION, HUBBALLI-580023. 2. SMT. GIRIJA D/O. BHIMAPPA HUGAR, (SMT. SAROJA W/O. SURESH HUGAR) AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. HUGAR FARM, UDAYANAGAR, BENGERI EXTENSION, HUBBALLI-580023. 3. SMT. PURNIMA @ PURNIMA D/O. SURESH HUGAR, W/O. RAHUL (AFTER MARRIAGE), AGE. 36 YEARS, OCC. SERVICE, R/O. HUGAR FARM, UDAYANAGAR, BENGERI EXTENSION, HUBBALLI-580023. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18066 MFA No. 100869 of 2024 4. SHRI. VIJAY S/O. SURESH HUGAR, AGE. 35 YEARS, OCC. SERVICE, R/O. HUGAR FARM, UDAYANAGAR, BENGERI EXTENSION, HUBBALLI-580023. 5. SHRI. YOGESH S/O. ASHOK HABIB, AGE. 46 YEARS, OCC. AGRL. BUSINESS, R/O. SIDE WORLD SQUARE, BEHIND J.K. SCHOOL, NEAR NRUPATUNGA BETTA, HUBBALLI-580023. 6. SHRIDEVI PATIL W/O. MANJUNATHGOUDA, AGE. MAJOR, OCC. HOUSEHOLD WORK, R/.O. KESHAWAPUR, HUBBALLI-580023. 7. PARIMALA KOMALAPUR D/O. RAJAPPA, AGE. MAJOR, OCC. BUSINESS, R/.O. KESHAWAPUR, HUBBALLI-580023. 8. PARUSHURAM RATAN S/O. SUBHASH, AGE. MAJOR, OCC. BUSINESS, R/.O. KESHAWAPUR, HUBBALLI-580023. 9. SMT. AMBIKA HABIB W/O. GANESH, AGE. MAJOR, OCC. HOUSEHOLD WORK, R/.O. KESHAWAPUR, HUBBALLI-580023. 10. GANESH HABIB S/O. NARSIUNHSA, AGE. MAJOR, OCC. BUSINESS, R/.O. KESHAWAPUR, HUBBALLI-580023. …RESPONDENTS (BY SRI. PRAKASH K.JAWALKAR, ADVOCATE FOR R1 TO R4; NOTICE TO R5 TO R10 ARE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 29.01.2024 PASSED BY THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI ON I.A.NO.1 IN FDP NO.46/2023 AND CONSEQUENTLY ALLOW I.A.NO.1, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18066 MFA No. 100869 of 2024 ORAL ORAL (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel for the appellant seeks leave of this Court to withdraw the appeal, in terms of the memo dated 03.12.2025. Memo is taken on record. Considering the said memo, the appeal is dismissed as withdrawn, with liberty as prayed for. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 4 Sl No.: 4