- 1 - HC-KAR NC: 2025:KHC:42754 MFA No. 5004 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5004 OF 2017 (CPC) BETWEEN: 1. SMT. SUSHEELA DEVI WIFE OF SRI MANGALARAMJI AGED ABOUT 37 YEARS RESIDING AT NO.33, 7TH CORSS SINGAPURA MAIN ROAD MARUTHI LAYOUT, VIDYARANYAPURA POST BENGALURU - 560 097 …APPELLANT (BY SRI. KRISHNA MURTHY V., ADVOCATE) AND: 1. MR. ILIYAZ SON OF MR. KAREEM SAB AGED ABOUT 50 YEARS RESIDING AT NO.16/B SINGAPURA ROAD 2ND CROSS, M.S. PALYA BENGALURU - 560 097 2. MR. ZABEE SON OF MR ABDUL GHANI AGED ABOUT 43 YEARS 3. MRS. SABIRABI WIFE OF MR. ABDUL GHANI AGED ABOUT 67 YEARS BOTH ARE RESIDING AT DOOR NO.6 DHARMACHATRA ROAD NELAMANGALA TOWN BENGALURU - 571 152 …RESPONDENTS (BY SRI. HARSHA D. JOSHI, ADVOCATE FOR R1) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42754 MFA No. 5004 of 2017 THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 16.06.2017 PASSED ON I.A.NO.1 & 2 IN O.S.NO.5404/2015 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING I.A.NO.1 FILED U/O 39 RULE 1 & 2 OF CPC AND ALLOWING I.A.NO.2 FILED U/O 39 RULE 4 OF CPC. 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 permission to withdraw the appeal. In view of the memo, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 12