- 1 - HC-KAR NC: 2025:KHC:38108 MFA No. 7019 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7019 OF 2025 (CPC) BETWEEN: SRI N DILEEP KUMAR S/O SRI M NAGARAJAPPA AGE ABOUT 27 YEARS R/AT WARD NO 11, MELUR ROAD, VIJAYAPURA TOWN, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT- 562 135 …APPELLANT (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: SRI M MUNISHAMAPPA S/O LATE M MUNIYAPPA AGE ABOUT 62 YEARS R/AT WARD NO 11, MELUR ROAD, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT- 562135 …RESPONDENT THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 01.09.2025 PASSED ON IA NO.1 IN O.S.NO. 161/2023 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, DEVANAHALLI, REJECTING THE IA.NO. 1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38108 MFA No. 7019 of 2025 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file appeal before the appropriate forum. 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. 4.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 all the original copies to the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 13