- 1 - HC-KAR NC: 2025:KHC:33111 MSA No. 198 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 198 OF 2025 BETWEEN: VINODKUMAR R, S/O LATE RAJU J, AGED ABOUT 37 YEARS, R/AT HONNASHETTARAHUNDI VILLAGE, KASABA HOBLI, GUNDLUPET TALUK. …APPELLANT (BY SRI.R SHIVARAM., ADVOCATE) AND: 1. SANNAMUDDEGOWDA, S/O LATE SUBBEGOWDA, AGED ABOUT 56 YEARS. 2. SHIVARAYEGOWDA, S/O LATE SUBBEGOWDA, AGED ABOUT 58 YEARS. 3. NAGAMALLEGOWDA, S/O LATE SUBBEGOWDA, AGED ABOUT 61 YEARS. 4. MAHADEVEGOWDA, S/O LATE SUBBEGOWDA, AGED ABOUT 51 YEARS, ALL ARE R/AT HONNASHETTARAHUNDI VILLAGE, KASABA HOBLI, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33111 MSA No. 198 of 2025 GUNDLUPET TALUK. …RESPONDENTS THIS MSA IS FILED UNDER ORDER 43 RUEL1(U) OF CPC, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT GUNDLUPET DATED 28.08.2024 AND PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT GUNDLUPET DATED 18.03.2025. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo, which reads as under: "I, the undersigned seek the Hon'ble Court to withdraw the Miscellaneous Second Appeal with a liberty to file fresh WP(GMCPC) in the interest of justice and equity." 2. Placing the memo on record, the Misc. Second Appeal is dismissed as withdrawn with liberty as prayed for. - 3 - HC-KAR NC: 2025:KHC:33111 MSA No. 198 of 2025 3. Time spent before this Court shall be excluded under Section 14 of the Limitation Act. Sd/- (V SRISHANANDA) JUDGE KVR List No.: 1 Sl No.: 5