- 1 - HC-KAR NC: 2025:KHC:38447 M.F.A. No.441/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.441/2022 (CPC) BETWEEN: SURAJ HOMES PVT. LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT 1956 HAVING REGISTERED OFFICE AT SURAJ GANGA ARCADE NO.332/7, 14TH CROSS 2ND BLOCK, JAYANAGAR BANGALORE-560011 REPRESENTED BY ITS DIRECTOR MR. SACHIN SURESH. …APPELLANT (BY SRI. SHAMANTH S.N. ADV.,) AND: 1. MR. T. JAYARAM AGE MAJOR RESIDING AT NO.1718 5TH CROSS ROAD SANJEEVININAGAR BENGALURU-560092. 2. MR. SUDEEP AGE MAJOR Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:38447 M.F.A. No.441/2022 RESIDING AT NO.2143 17TH CROSS ROAD SANJEEVININAGAR BYATARAYANAPURA WARD BENGALURU-560092. …RESPONDENTS (BY SRI. SUNIL P.P. ADV., FOR R1) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC, 1908, PRAYING TO SECURE/CALL FOR THE ENTIRE RECORDS IN O.S.NO.3383/2021 PENDING ON THE FILE OF THE HON'BLE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-60. SET ASIDE THE ORDER DATED 07.12.2021 PASSED BY THE HON'BLE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-65) HAVING CONCURRENT CHARGE OF HON'BLE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-60) ON I.A.NO.I IN O.S.NO.3383/2021 AS PER ANNEXURE A & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38447 M.F.A. No.441/2022 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 17.09.2025 seeking withdrawal of the appeal as the same has become infructuous. 2. Memo reads as under: "The undersigned counsel for the Appellant most respectfully submits as follows: 1. The Appellant had preferred the present Appeal assailing the order dated 07/12/2021 passed by the Hon'ble LIX Additional City Civil & Sessions Judge (CCH- 60) dismissing I.A. No. I filed under Order XXXIX Rule 1 and 2 of the Appellant herein in O.S. No. 3383 of 2021. 2. This Hon'ble Court was pleased to grant an ad-interim ex-parte order in favor of the Appellant vide order dated 24/02/2022 directing both the parties herein to maintain status-quo in regard to possession of the suit schedule property. 3. Subsequently, the O.S. No. 3383 of 2021 came to be decreed on 06/08/2025 by the Hon'ble LIX Additional City Civil & Sessions Judge (CCH-60). 4. In light of the afore mentioned suit having been decreed in favor of the Appellant, the Appellant most humbly seeks the permission of this Hon'ble Court to withdraw the above M.F.A as being infructuous. Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to dismiss the above MFA as being infructuous in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:38447 M.F.A. No.441/2022 3. Said memo is placed on record. 4. In view of the said memo, appeal is dismissed as having become infructuous. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE BSR List No.: 1 Sl No.: 4