- 1 - HC-KAR NC: 2025:KHC:37000 MFA No. 6830 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6830 OF 2025 (CPC) BETWEEN: SRI. K. H. KHAN S/O LATE N.A. KHAN, AGED ABOUT 73 YEARS, R/AT NO.28, 9TH CROSS, 2ND BLOCK, JAYANAGAR, BANGALORE-560 011. …APPELLANT (BY SRI. TAJUDDIN, ADVOCATE) AND: 1. SMT. ASHWINI W/O LATE KRISHNA MURTHY, AGED ABOUT 40 YEARS, 2. SRI. K. VISHAL S/O LATE KRISHNA MURTHY, AGED ABOUT 19 YEARS, 3. KUM. K. BHAVANA D/O LATE KRISHNA MURTHY, AGED ABOUT 16 YEARS, SINCE MINOR, REP. BY HER MOTHER AND NATURAL GUARDIAN PLAINTIFF - SMT. ASHWINI. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37000 MFA No. 6830 of 2025 RESPONDENT NO.1 TO 3 ARE R/AT ADISONNATTI VILLAGE, MAASUR POST, KASABA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT. 4. SRI. ANANTH KUMAR S/O NAGACHARI, AGED ABOUT 42 YEARS, R/AT- NO. 677/1, 9TH A CROSS, VIRAT NAGAR, BANGALORE-560058. 5. SRI. RAMA MOORTHY S/O RAMAKRISHNAN, AGED ABOUT 38 YEARS, 6. SMT. RANJITHA RAMA MOORTHY W/O RAMA MOORTHY, AGED ABOUT 32 YEARS, RESPONDENT NO.5 AND 6 ARE R/AT CHINNADADHAN KOTTAI, SAMICHETTIPATTI, NALLAMPALLI, DHARMAPURI DISTRICT, TAMILNADU-636809. 7. SRI. RAJANARAYANA ARVETI S/O ARVETI VENKATESULU, AGED ABOUT 50 YEARS, R/AT- NO. 323, 'GANGA' 1ST FLOOR, 2ND MAIN ROAD, CHENNAMMANAKERE ACHAKATTU, BSK 3RD STAGE, BANGALORE-560085. - 3 - HC-KAR NC: 2025:KHC:37000 MFA No. 6830 of 2025 8. MR. VISHWANATHA KOPPAL S/O KUBER KOPPAL, AGED ABOUT 43 YEARS, R/AT- MANJUNATHA NILAYA NO. 9/31, NEAR MILK DAIRY, GS PALYA, ELECTRONIC CITY, BANGALORE-560100. 9. SRI. N. VINOD KUMAR S/O NAGARAJU, AGED ABOUT 40 YEARS, R/AT-ADISONNATTI VILLAGE, MAASUR POST, KASABA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, PRAYING TO SET ASIDE THE ORDER OF EX-PARTE TEMPORARY INJUNCTION ORDER DATED 12.09.2024 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL, ON IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC IN O.S.NO.669/2024 AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 4 - HC-KAR NC: 2025:KHC:37000 MFA No. 6830 of 2025 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. - 5 - HC-KAR NC: 2025:KHC:37000 MFA No. 6830 of 2025 6. Pending interlocutory application, if any, is accordingly disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE MCR List No.: 1 Sl No.: 22