- 1 - HC-KAR NC: 2025:KHC:51885 MFA No. 2383 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2383 OF 2024 (CPC) BETWEEN: SMT SARASWATHI W/O SHIVANNA AGED ABOUT 42 YEARS RESIDING AT NO 58, 2ND CROSS 3RD MAIN KOTTIGEPALYA MAGADI MAIN ROAD BENGALURU 560091. …APPELLANT (BY SRI. B M LOKESH., ADVOCATE) AND: SRI GOWRISH D B S/O BASAVARAJU AGED ABOUT 32 YEARS RESIDINGA AT DONEKUPPA VILLAGE AGALAKOOTE-POST, MAGADI TALUK RAMANAGARA DISTRICT 562120 …RESPONDENT THIS MFA IS FILED U/O.43 RULE 1(d) OF THE CPC, AGAINST THE ORDER DT.01.03.2024 PASSED IN MISC.NO.212/2019 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE PETITION FILED U/O.9 RULE 13 R/W SEC.151 OF CPC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:51885 MFA No. 2383 of 2024 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file appeal before appropriate Court. 2. The memo is taken on record. 3. In view of the memo, the appeal is dismissed as withdrawn. Liberty is reserved to file an appeal before the appropriate Court, as per law. 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 the original and certified copies of the documents to the appellant by placing photocopy of the same at the cost of appellants. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE AKV_List No.: 1 Sl No.: 31