- 1 - HC-KAR NC: 2025:KHC:33318 MFA No. 8452 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8452 OF 2023 (CPC) BETWEEN: KUM. SEERATH JEHAN DAUGHTER OF MR. R. AZMATHULLA BAIG, AGED ABOUT 46 YEARS, RESIDING AT NO. 204/20, 5TH MAIN, BYRASANDRA, JAYANAGARA 1ST BLOCK, BANGALORE - 560 011. …APPELLANT (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE) AND: 1. M/S. HOMIGO REALTY PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT 2-10/1, GROUND FLOOR, AJAY PLAZA, N.S. PALYA, 6TH CROSS ROAD, BTM LAYOUT, BANGALORE - 560 076, REPRESENTED BY AUTHORISED SIGNATORY/DIRECTOR MR. NIKUNJ BATHEJA SON OF MR. VIJAY BATHEJA. 2. MR. STEVEN SHANTHARAJAN S/O MR. MANIKYA SWAMY, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33318 MFA No. 8452 of 2023 AGED ABOUT 59 YEARS, RESIDING AT FLAT NO 001, NO 123, 3RD MAIN, AMARJYOTHI LAYOUT, DOMLUR, BANGALORE - 560 071. 3. MR SATISH CHANDRA S/O MR LINGANNA M AGED ABOUT 37 YEARS, RESIDING AT FLAT NO 101, NO 123, 3RD MAIN, AMARJYOTHI LAYOUT, DOMLUR, BANGALORE - 560 071. 4. MRS. SOUNDARYA S W/O VARUN KHERA, AGED ABOUT 36 YEARS, RESIDING AT FLAT NO 201, NO 123, 3RD MAIN, AMARJYOTHI LAYOUT, DOMLUR, BANGALORE - 560 071. 5. MR. VARUN KHERA S/O MR SUNIL KHERA, AGED ABOUT 33 YEARS, RESIDING AT FLAT NO 201, NO 123, 3RD MAIN, AMARJYOTHI LAYOUT, DOMLUR, BANGALORE - 560 071. 6. MR. ARUN SINGH L S/O LAKSHMAN SINGH AGED ABOUT 39 YEARS, RESIDING AT FLAT NO 201, NO 123, 3RD MAIN, - 3 - HC-KAR NC: 2025:KHC:33318 MFA No. 8452 of 2023 AMARJYOTHI LAYOUT, DOMLUR, BANGALORE - 560 071. 7. MR HARSHA S S/O MR SUBBAAIAHS HIVASWAMY, AGED ABOUT 36 YEARS, RESIDING AT FLAT NO 202, NO 123, 3RD MAIN, AMARJYOTHI LAYOUT, DOMLUR, BANGALORE - 560 071. 8. MR KIRAN KUMAR S/O MR HARISH MUTKUR SEETHARAMA RAO, AGED ABOUT 39 YEARS, RESIDING AT FLAT NO 301, NO 123, 3RD MAIN, AMARJYOTHI LAYOUT, DOMLUR, BANGALORE - 560 071. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 18.10.2021 PASSED ON I.A.NO.II IN OS.NO.5130/2019 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ALSO HOLDING THE CONCURRENT CHARGE OF XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CCH-6, BENGALURU, REJECTING THE IA.NO.2 FILED UNDER ORDER 39 RULE 10 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 HANCHATE SANJEEVKUMAR - 4 - HC-KAR NC: 2025:KHC:33318 MFA No. 8452 of 2023 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal. Memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 9 CT: BHK