- 1 - HC-KAR NC: 2025:KHC:34198 MFA No. 3635 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3635 OF 2022 (CPC) BETWEEN: SRI. A.N. RAMAIAH S/O LATE NANJUNDAPPA AGE MAJOR, 61 YEARS, R/AT NO.59, CHANARAYAPATNA ROAD, DEVANAHALLI. …APPELLANT (BY SRI. DANAPPA PRADHANAPPA PANIBHATE, ADVOCATE) AND: SRI. A. RAMAIAH S/O LATE ANNAIAYAPPA AGED MAJOR R/AT HAREHALLI VILLAGE, KALLUKUNTE POST ANUGONDANAHALLI HOBLI, HOSKOTE TALUK. …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 06.04.2022 PASSED ON I.A. NO. 1 AND 5 IN O.S.NO. 189/2021 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., HOSAKOTE, REJECTING I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34198 MFA No. 3635 of 2022 2 OF CPC AND ALLOWING I.A.NO. 5 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH 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 1. Learned counsel for the appellant has filed a memo dated 01.09.2025 seeking leave of the Court to withdraw the appeal with liberty to file the appeal before an appropriate forum. 2. Memo is placed on record. The appeal is dismissed as withdraw with liberty as sought for. SD/- (HANCHATE SANJEEVKUMAR) JUDGE NG List No.: 1 Sl No.: 10 CT: BHK