- 1 - HC-KAR NC: 2025:KHC:33654 MFA No. 4376 of 2024 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. 4376 OF 2024 (CPC) BETWEEN: 1. SMT. LALITHAMMA W/O LATE NARAYANAPPA, AGED ABOUT 53 YEARS, 2. SRI MUNIRAJU N S/O LATE NARAYANAPPA, AGED ABOUT 33 YEARS, 3. SRI NAGARAJ N S/O LATE NARAYANAPPA, AGED ABOUT 29 YEARS, 4. SRI VENUGOPAL N S/O LATE NARAYANAPPA, AGED ABOUT 27 YEARS, APPELLANT NOS. 1 TO 4 ALL ARE RESIDING AT MYLASANDRA VILLAGE, RV COLLAGE POST, KENGERI HOBLI, BENGALURU 560059 …APPELLANTS (BY SRI. VIKRAM HUILGOLE, SENIOR COUNSEL FOR SRI. SAMMITH. S., ADVOCATE) AND: SRI. K C SHASHIKANTH S/O K.C CHANDRASHEKAR AGED ABOUT 59 YEARS R/AT NO. 42252, PRESTIGE FALCON CITY KONANAKUNTE Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33654 MFA No. 4376 of 2024 CROSS, KANAKAPURAROAD, BENGALURU. …RESPONDENT (BY SRI. SHREEDHARA B E AND SRI. SANJAY R, ADVOCATE FOR C/R) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, PRAYING TO CALL FOR RECORDS IN O.S.NO.3742/2023 PENDING ON THE FILE OF THE LEARNED XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-38) AND SET ASIDE THE IMPUGNED ORDER DATED 30.05.2024 PASSED BY THE LEARNED XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-38) ON IA NO.1 IN OS 3742/2023 AS CONTAINED IN ANNEXURE-A. THIS APPEAL, COMING ON FOR ADMISSION, 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 permission to withdraw the appeal. Memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 50