- 1 - NC: 2025:KHC-D:5708 MFA No. 104402 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO. 104402 OF 2024 (CPC) BETWEEN: SHIVANGOUDA S/O. RUDRAGOUDA PATIL, AGE ABOUT 50 YEARS, OCC: AGRICULTURE & BUSINESS, R/O. UNKAL, HUBBALLI. … APPELLANT (BY SRI. S. S. BETURMATH, ADVOCATE) AND: VINAYAK S/O. VIRUPAKSHAPPA DESAI, DECEASED BY HIS LRS. 1. SMT. MANAGALA W/O. VINAYAK DESAI, AGE 52 YEARS, OCC: HOUSEWIFE, R/O. PLOT NO.7, PRIYA MANSION, LAXMI NAGAR COLONY, SEC.BUND, HYDERABAD, TELANAGANA-500026. 2. VARUN S/O. VINAYAK DESAI, AGE 26 YEARS, OCC: STUDENT, R/O. PLOT NO.7, PRIYA MANSION, LAXMI NAGAR COLONY, SEC.BUND, HYDERABAD, TELANAGANA-500026. 3. KSHAMA D/O. VINAYAK DESAI, AGE 20 YEARS, OCC: STUDENT, R/O.PLOT NO.7, PRIYA MANSION, LAXMI NAGAR COLONY, SEC.BUND, HYDERABAD, TELANAGANA-500026. 4. BELLAD AND COMPANY PVT. LTD. HUBBALLI, REP.BY ITS DIRECTOR, SMT. SMRUTI W/O. ARAVIND BELLAD, AGE 51 YEARS, OCC: AGRICULTURE & BUSINESS, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5708 MFA No. 104402 of 2024 R/O. YOGANAND INDRAPRASTH COLONY, OLD MYSORE, KIRLOSKAR COMPOUND, GOKUL ROAD, HUBBALLI. …RESPONDENTS (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R4; SRI. SHIVASHANKAR R. AMBLI, ADVOCATE FOR R1 TO R3: (VAKALAT NOT FILED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII(1)(r) OF CPC, PRAYING TO CALL FOR THE RECORDS OF O.S.NO.211/2023 PENDING ON THE FILE OF 2ND ADDL. SENIOR CIVIL JUDGE AND JMFC HUBBALLI AND SET ASIDE THE IMPUGNED ORDER DATED 01.08.2024 PASSED BY THE LEARNED 2ND ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI IN OS.211/2023 ON IA NO.3 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) Learned counsel appearing for the appellant files a memo and seeks permission from this Court withdraw the present appeal with liberty to file it before the competent Court. The memo reads as under: “In this the Appellant above named submits as under; That the Appellant has filed this appeal being aggrieved by the order dated 01.08.2024 passed by the 2nd Addl. Senior Civil Judge & JMFC, Hubballi on IA No. 3 in OS No. 211/2023 thereby rejecting the said IA. It is submitted that the Appellant ought to have filed Commercial Suit but, by over sight he filed the original suit as mentioned above. As such he intends to withdraw the suit and file commercial suit. - 3 - NC: 2025:KHC-D:5708 MFA No. 104402 of 2024 Therefore in view of the above the above Appellant intends to withdraw the present appeal. Hence, this Hon'ble Court be pleased to permit the Appellant with draw the suit with above liberty to file Commercial Suit in the interest of justice and equity.” 2. In light of the memo filed by the learned counsel appearing for the appellant, the appeal is dismissed as withdrawn with liberty to file it before the competent Court. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 0