- 1 - HC-KAR NC: 2025:KHC:39291 MFA No. 7173 of 2025 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. 7173 OF 2025 (CPC) BETWEEN: SMT. BHAGYAMMA W/O SRI RAMESH REDDY, AGED ABOUT 54 YEARS, RESIDING AT HOUSE NO. 17, 13TH MAIN, 2ND CROSS, BOMMANAGALLI, BEGUR, BENGALURU - 560 068. …APPELLANT (BY SRI. MANIKANTA H B., ADVOCATE) AND: SRI. ANTONY DESOUZA S/O. LATE PAUL D SOUZA, AGED ABOUT 65 YEARS, R/AT NIGHTINGALE, 72/40, 2ND CROSS, VENKATESHWARA LAYOUT, S G PALYA, BANGALORE SOUTH, DHARMARAM COLLEGE PO, BANGALORE- 560 029. …RESPONDENT THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.10.09.2025 PASSED ON IA NO. I AND III IN O.S.NO. 2197/2024 ON THE FILE OF THE PRL. CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING THE IA.NO. I FILED U/O.39 RULE 1 AND 2 OF CPC ALLOWING THE IA.NO. III FILED UNDER ORDER 39 RULE 4 R/W SECTION 151 OF CPC. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39291 MFA No. 7173 of 2025 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 with liberty to file an appropriate appeal before the appropriate forum. 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. 4.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. 5. Registry is directed to return all the original copies to the appellant. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA, List No.: 1 Sl No.: 18