- 1 - HC-KAR NC: 2025:KHC:33309 MFA No. 7423 of 2023 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.7423 OF 2023 (CPC) BETWEEN: SRI VIJAYA KUMAR K S/O LATE KRISHNAPPA, AGED ABOUT 78 YEARS, RESIDING AT NO. 2 9TH CROSS, CENTRAL STREET, KUMARA PARK WEST, BANGALORE – 560 020. …APPELLANT (BY SRI. SHARATH S. GOGI, ADVOCATE) AND: 1. SRI. SHARATH REDDY S/O LATE N.SETHARAM REDDY, AGED ABOUT 41 YEARS, 637, 4TH CROSS, 3RD BLOCK, KORAMANGALA, BENGALURU – 560 034. 2. C.D. SANJAY RAJ S/O C.H. DEVRAJ, AGED ABOUT 47 YEARS, RESIDING AT 4, BENSON TOWN, BANGALORE – 560 046. …RESPONDENTS (BY SRI. AKASH.V.T, ADVOCATE FOR C/R1 IN CP 15068/2023; SRI. MUNIYAPPA, ADVOCATE FOR C/R2 IN CP 15505/2023) THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 12.09.2023 PASSED ON I.A. NOs. 1,2 AND 3 IN O.S.NO. 4238/2020 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33309 MFA No. 7423 of 2023 CITY (CCH.11),REJECTING THE I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 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 withdrawal of the appeal. Memo is placed on record. Consequently, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 11