- 1 - NC: 2025:KHC-D:5224 MFA No.101102 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO. 101102 OF 2024 (CPC) BETWEEN: SHRI VEERESHAPPA S/O. MAALAPPA HIREKURUBAR, AGE 49 YEARS, OCC: AGRICULTURE, R/O. HANAVAL VILLAGE, GANGAVATI TALUKA, KOPPAL DISTRICT. … APPELLANT (BY SRI. D. B. KARIGAR, ADVOCATE) AND: 1. SHRI. MAALAPPA S/O. PAKEERAPPA HIREKURUBAR, AGE 74 YEARS, OCC: AGRICULTURE, R/O. HANAVAL VILLAGE, GANGAVATI TALUKA, KOPPAL DISTRICT. 2. SMT. YANKAMMA D/O. MAALAPPA, AGE 74 YEARS, OCC: AGRICULTURE, R/O. HANAVAL VILLAGE, GANGAVATI TALUKA, KOPPAL DISTRICT. 3. SHRI. NINGESH S/O. MAALAPPA, AGE 37 YEARS, OCC: AGRICULTURE, R/O.1ST WARD, HANAVAL VILLAGE, GANGAVATI TALUKA. 4. SMT. PHAKEERAMMA D/O. MAALAPPA (W/O. HONNAPPA), AGE 41 YEARS, OCC: AGRICULTURE, R/O. AGOLI VILLAGE, TALUKA GANGAVATI. 5. SMT. SHASHIKALA D/O. MAALAPPA (W/O. YAMANOORAPPA), AGE 33 YEARS, OCC. AGRICULTURE, R/O. AGOLI VILLAGE, GANGAVATI TALUKA, KOPPAL DISTRICT. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5224 MFA No.101102 of 2024 6. SMT. CHANNAMMA D/O. MAALAPPA HIREKURUBAR, AGE 25 YEARS, OCC: AGRICULTURE, R/O. 1ST WARD, HANAWAL VILLAGE, GANGAVATI TALUKA, KOPPAL DISTRICT. … RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED U/O.43 RULE 1 OF CPC, PRAYING TO SET ASIDE AN IMPUGNED ORDER ON MEMO PASSED BY THE HON’BLE ADDITIONAL CIVIL JUDGE AND JMFC, GANGAVATI, IN ITS O.S. NO.166/2020, DATED 24.05.2023, VIDE ORDERSHEET AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Learned counsel appearing for the appellant has filed a memo seeking permission of this Court to withdraw this appeal with liberty to file the same before the competent Court. He further submits that the copy of the order passed by the trial Court be returned to the appellant to enable him to file it before the competent Court. 2. The memo is taken on record. 3. In view of the memo filed by the learned counsel for the appellant, the appeal is dismissed as withdrawn with liberty to file before the competent Court. - 3 - NC: 2025:KHC-D:5224 MFA No.101102 of 2024 The Registry is directed to return the certified copy of the impugned order along with the certified copy of the order sheet to the appellant upon due acknowledgement. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 37