- 1 - HC-KAR NC: 2025:KHC:33311 MFA No. 23 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.23 OF 2025 (CPC) BETWEEN: 1. SRI. A.S.ANWAR SHARIFF SON OF LATE ABDUL SATTAR, AGED ABOUT 70 YEARS 2. SRI. SALMAN SHARIFF, SON OF SRI. A.S ANWAR SHARIFF, AGED ABOUT 37 YEARS BOTH THE APPELLANTS ARE RESIDING AT NO.80, BENSON CROSS ROAD, BENSON TOWN, BENGALURU – 560 046. …APPELLANTS (BY SRI. C SHANKAR REDDY.,ADVOCATE) AND: 1. SRI. HEMANTH KUMAR N K SON OF P. NARAYANA @ MUNINARAYANA, AGED ABOUT 35 YEARS, R/ AT NO.1490, AMC 1ST MAIN ROAD, K.G HALLI, BENGALURU-560 045. 2. SRI. SRINIVAS, SON OF LATE CHIKKANNAIAH, AGED ABOUT 60 YEARS, R/ AT NO.53, KADUGONDANAHALLI VILLAGE, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33311 MFA No. 23 of 2025 BENGALURU NORTH TALUK, BENGALURU NORTH- 560 045. 3. SRI. RAFIULLA, SON OF LATE SAMIULLA SAHIB, AGED ABOUT 55 YEARS, R/ AT NO.53, KADUGONDANAHALLI VILLAGE, BENGALURU NORTH TALUK, BENGALURU NORTH – 560 045. …RESPONDENTS (BY SRI.VINAYACHANDRA, ADVOCATE FOR CAVEATOR3/RESPONDENT 1) THIS MFA FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 28.11.2024 PASSED ON I.A.NO.1 IN OS.NO.7569/2024 ON THE FILE OF THE COURT OF THE XLI ADDITIONAL CITY CIVIL JUDGE, BENGALURU CCH-42 ALLOWING THE IA.NO. 1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 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for the appellant has filed a memo seeking to withdrawal of the appeal stating that the respondent No.1 herein had withdrawn the suit before the Trial Court. - 3 - HC-KAR NC: 2025:KHC:33311 MFA No. 23 of 2025 Memo is placed on record. Consequently, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 17