- 1 - HC-KAR NC: 2025:KHC:35143 MSA No. 116 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 116 OF 2025 (RO) BETWEEN: 1. SMT ANASUYA W/O NEELAKANTA, AGED ABOUT 48 YEARS, R/O SIRIYURU VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT PIN- 577 301 2. SRI GOUTHAM S/O NEELAKANTA AGED ABOUT 28 YEARS R/O SIRIYURU VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT PIN- 577 301 3. KUM LAVANYA D/O NEELAKANTA AGED ABOUT 33 YEARS R/O SIRIYURU VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT PIN- 577 301 …APPELLANTS (BY SRI. KARTHIK SURYAPRAKASH TAYUR, ADVOCATE) AND: 1. SRI AKASH RAJ S/O LATE GANGADHARA AGED ABOUT 35 YEARS Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35143 MSA No. 116 of 2025 CONTRACTOR BY OCCUPATION R/O # DWC 61/B, NEAR ANJANEYASWAMY TEMPLE, HUTHA COLONY, BHADARAVATHI, SHIVAMOGGA DISTRICT PIN- 577 301 2. SMT SUSHEELAMMA W/O LATE GANGADHARA AGED ABOUT 60 YEARS R/O # DWC 61/B, NEAR ANJANEYASWAMY TEMPLE, HUTHA COLONY, BHADARAVATHI, SHIVAMOGGA DISTRICT PIN- 577 301 …RESPONDENTS *** THIS MSA IS FILED UNDER SECTION 104 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGMENT DATED 05.03.2025 PASSED IN R.A.No.14/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AT BHADRAVATHI, AND ETC. THIS MSA, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant, after arguing the matter for some time, filed a memo, seeking permission to withdraw the appeal, reserving liberty to conduct the matter before the Trial Court. - 3 - HC-KAR NC: 2025:KHC:35143 MSA No. 116 of 2025 2. Placing the memo on record, the appeal is dismissed as withdrawn. It is made clear that this Court has not expressed any opinion on merits of the matter. Plaintiffs and defendants are at liberty to canvass all possible points in the fresh trial. Sd/- (V SRISHANANDA) JUDGE BMV* List No.: 1 Sl No.: 28