- 1 - HC-KAR NC: 2025:KHC:33320 MFA No. 18 of 2025 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. 18 OF 2025 (CPC) BETWEEN: 1. SRI. A.S. ANWAR SHARIFF SON OF LATE ABDUL SATTAR, AGED ABOUT 70 YEARS 2. SRI. SALMAN SHARIFF, SON OF SRI. A.S. ANWAR SHARIFF, AGED ABOUT 37 YEARS BOTH THE APPELLANTS ARE RESIDING AT NO.80, BENSON CROSS ROAD, BENSON TOWN, BENGALURU - 560 046. …APPELLANTS (BY SRI. C. SHANKAR REDDY, ADVOCATE) AND: 1. SRI. LOHITH N K SON OF P. NARAYANA @ MUNINARAYANA, AGED ABOUT 35 YEARS, R/ AT NO.1490, AMC 1ST MAIN ROAD, K.G HALLI, BENGALURU - 560 045. 2. SRI. SRINIVAS, SON OF LATE CHIKKANNAIAH, AGED ABOUT 60 YEARS, R/ AT NO.53, KADUGONDANAHALLI VILLAGE, BENGALURU NORTH TALUK, BENGALURU NORTH - 560 045. 3. SRI. RAFIULLA, SON OF LATE SAMIULLA SAHIB, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33320 MFA No. 18 of 2025 AGED ABOUT 55 YEARS, R/AT NO.53, KADUGONDANAHALLI VILLAGE, BENGALURU NORTH TALUK, BENGALURU NORTH - 560 045. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 28.11.2024 PASSED ON I.A. NO.1 IN O.S.NO. 7565/2024 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH 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 appellants 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 Accordingly, the appeal is dismissed as withdrawn.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.: 12