- 1 - HC-KAR NC: 2025:KHC:28890 MFA No. 5490 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5490 OF 2025 (CPC) BETWEEN: S.V.PADMAPRASAD SON OF A.V.VASANTHARAJAIAH, AGED ABOUT 43 YEARS, RESIDING AT SY. NO.83/1, SARAGURU, HD KOTE TALUK, MYSORE DISTRICT THE THAN MANAGING PARTNER, M/S CHANDRANATHA BRICK INDUSTRIES. …APPELLANT (BY SRI. PRASIDDARAJ, ADVOCATE) AND: 1. KARNATAKA STATE FINANCIAL CORPORATION A BODY CORPORATE ESTABLISHED UNDER THE STATE FINANCIAL CORPORATION ACT 1951, HAVING ITS HEAD OFFICE AT NO.1/1, THIMMAIAH ROAD, BENGALURU – 560 001 BRANCH OFFICE NO.2761, 1ST FLOOR, SOWRABHA CHEMBERS, LASHKAR MOHALLA, SRI HARSHA ROAD, MYSORE – 570 009. REPRESENTED BY THE ASSISTANT GENERAL MANAGER G V CHANDRAKUMAR. 2. S V SHIVARAM, SON OF P VENKATACHALAIAH, AGED ABOUT 51 YEARS, RESIDING AT NO. MIG-938, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28890 MFA No. 5490 of 2025 20TH CROSS, 1ST STAGE, D-BLOCK, JP NAGAR, MYSORE – 570 008. …RESPONDENTS THIS MFA FILED U/O 43 RULE 1 OF CPC, AGAINST THE ORDER DATED 02.4.2025 PASSED IN OS.NO.11/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., H.D.KOTE, DISMISSING THE SUIT IS FILED FOR THE RELIEF OF THE DECLARATION AND PERMANENT INJUNCTION. 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 to withdrawal of the appeal with liberty to file fresh appeal before the appropriate authority/Court. The said memo is allowed. Consequently, the appeal is dismissed as withdrawn by reserving liberty to the appellant to file fresh appeal before the appropriate authority/Court within a period of two weeks from today. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 8