- 1 - HC-KAR NC: 2025:KHC:40025 MFA No. 3788 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3788 OF 2024 (CPC) BETWEEN: M/S.AXIS CAPSTONE REALTY LLP., OFFICE AT NO.38, 1ST MAIN, MAINI SADAN, 7TH CROSS, LAVELLE ROAD, BENGALURU- 560077 A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, 1932 PRESENTLY AT: CAPSTONE HOUSE NO 27, GANGADHAR CHETTY ROAD, SIVAN CHETTY GARDENS, BANGALORE - 560 042. REPRESENTED BY ITS DESIGNATED PARTNER: MR.UMESH SANGURMATH, S/O SRI. R.G.SANGURMATH, AGED ABOUT 55 YEARS, R/AT DUO RESIDENCY, BELLARY MAIN ROAD, NEAR JAKKUR FLYING CLUB, JAKKUR, BANGALORE - 560 064. …APPELLANT (BY SRI. GURURAJ D. M., ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40025 MFA No. 3788 of 2024 AND: 1. SRI.HANUMAIAH M., S/O LATE MUDDAPPA, AGED ABOUT 66 YEARS, 2. SRI.MUNIKRISHNAPPA.M., S/O LATE MUDDAPPA, AGED ABOUT 56 YEARS, 3. SMT.SUMITHRA, W/O LATE MUNIRAJU A., AGED ABOUT 36 YEARS, 4. SMT.LAKSHMAMMA, W/O LATE APPAYANNA, AGED ABOUT 43 YEARS, 5. SRI.ANJINAPPA, S/O LATE SANJEEVAPPA, AGED ABOUT 40 YEARS, RESPONDENTS NO.1 TO 5 ARE RESIDING AT: CHIKKASANNE VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 6. SRI.MUNISHAMAPPA S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 56 YEARS R/AT: YANNAGUNTE VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK - 562114, BENGALURU RURAL DISTRICT - 3 - HC-KAR NC: 2025:KHC:40025 MFA No. 3788 of 2024 7. SRI.Y. C.JAGADEVA, S/O LATE Y.C.CHIKKA ANNAYAPPA, AGED ABOUT 69 YEARS, R/AT DEVANAHALLI TOWN, BB ROAD, KASABA HOBLI, DEVANAHALLI TALUK - 562 110, BENGALURU RURAL DISTRICT. 8. SRI.R.GOPAL, S/O LATE M.RAMAIAH, AGED ABOUT 62 YEARS, R/AT: NO.H38, 2ND CROSS, LAKSHMINARAYANAPURA, BENGALURU - 560 021. 9. SRI.BACHAPPA S/O LATE MEKE BASAPPA AGED ABOUT 94 YEARS, R/AT: D.KEMPALINGAPURA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK - 562 110. BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. RAMESHA B. N., ADVOCATE FOR R1; R3 TO R8 ARE SERVED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.04.2024 PASSED ON I.A. NOs.1 AND 2 IN O.S.NO.1003/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., DEVANAHALLI, ALLOWING THE I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC AND REJECTING THE I.A.NO. II FILED UNDER ORDER XXXIX RULE 4 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:40025 MFA No. 3788 of 2024 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo along with confirmation deed seeking permission to withdraw the appeal as the name of the appellant herein and the extent of land purchased by him was deleted in O.S.No.1003/2023 and the copies of the same are produced along with memo. The said memo along with copies of the confirmation deed are taken on record. Accordingly, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE DS CT: TSM List No.: 1 Sl No.: 8