- 1 - HC-KAR NC: 2025:KHC:35405 MFA No. 3975 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3975 OF 2024 (CPC) BETWEEN: 1. THE TELECOM EMPLOYEES CO-OPERATIVE SOCIETY LTD., A CO-OPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, OFFICE AT NO.43, BELAKU RAILWAY PARALLEL ROAD KUMARA PARK (WEST) BENGALURU - 560 020 REPRESENTED BY ITS AUTHORIZED DIRECTOR MR. C.V.MANJUNATH S/O LATE VENKANARASIMHAIAH AGED ABOUT 71 YEARS. …APPELLANT (BY SRI. SAMPATH A., ADVOCATE) AND: 1. SRI. K.N. SHESHADRI GOWDA S/O LATE NARAYANAPPA AGED ABOUT 64 YEARS R/AT KOLIPURA VILLAGE JALA HOBLI BENGALURU NORTH TALUK-562 110. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35405 MFA No. 3975 of 2024 2. SRI. C.V.MANJUNATHA S/O C.S.VENKATANARASIMHAIAH AGED ABOUT 70 YEARS C/O M/S. TELECOM EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., NO.6/7, RAJBHAVAN ROAD, BENGALURU-560 001. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 22.04.2024 PASSED ON I.A.NO.XIV IN O.S.NO.170/2010 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, C/C OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING THE IA.NO.XIV FILED UNDER ORDER 39 RULE 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 HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal. 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn with liberty to file appeal before the District Court. - 3 - HC-KAR NC: 2025:KHC:35405 MFA No. 3975 of 2024 4. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. SD/- (HANCHATE SANJEEVKUMAR) JUDGE RHS List No.: 1 Sl No.: 17