- 1 - NC: 2025:KHC:8256 MFA No. 1063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 1063 OF 2025 (CPC) BETWEEN: 1. SRI CHIKKA KEMPAIAH SINCE DEAD BY LRS SMT KEMPAMMA W/O LATE CHIKKA KEMPAIAH AGED ABOUT 64 YEARS, R/AT NARAGANAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK-562110 BENGALURU RURAL DISTRICT. 2. SMT PARVATHAMMA D/O LATE CHIKKA KEMPAIAH AGED ABOUT 52 YEARS, R/AT UTTANAHALLI VILLAGE, JALA POST, BENGALURU-562157. 3. SRI. MANJUNATH K S/O LATE CHIKKA KEMPAIAH AGED ABOUT 50 YEARS, R/AT NARAGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK-562110. BENGALURU RURAL DISTRICT. …APPELLANTS (BY SRI.MANJUNATH K V, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8256 MFA No. 1063 of 2025 AND: 1. SMT. JAYAMMA W/O LATE DODDA KEMPAIAH AGED ABOUT 70 YEARS, R/AT NARAGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI -562110. 2. SRI. RAMESH. D S/O DODDA KEMPAIAH AGED ABOUT 46 YEARS, R/AT NARAGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK-562110. 3. VYAVASAYA SEVA SAHAKARI SANGA NIYAMITA REPRESENTED BY ITS CHIEF EXECUTE OFFICER, KUNDANA, KUNDANA HOBLI, DEVANAHALLI TALUK-562110 …RESPONDENTS (NIL) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.13.11.2024 MADE IN I.A.NO.7/2023 MADE IN O.S.NO.862/2020 BY THE COURT OF ADDL. SENIOR CIVIL JUDGE & JMFC AT DEVANAHALLI AND ALLOW APPLICATION UNDER ORDER 39 RULE 1 OF THE CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN - 3 - NC: 2025:KHC:8256 MFA No. 1063 of 2025 ORAL JUDGMENT Office has raised objections regarding maintainability of the appeal. Learned counsel for appellants has filed memo seeking permission to withdraw the appeal with liberty to file the same before appropriate Court. The memo is placed on record. Accordingly, appeal is dismissed as withdrawn. Office is directed to return the certified copies of documents to the learned counsel for the appellants, so as to file the same before appropriate Court. In view of dismissal of appeal, pending I.As if any, does not survive for consideration and hence, the same is also disposed of. Sd/- (K.NATARAJAN) JUDGE RR List No.: 1 Sl No.: 3