- 1 - NC: 2025:KHC-D:3649 MFA No. 105461 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.105461 OF 2023 (CPC) BETWEEN: SRI. CHANDRASHEKHARAPPA S/O. ANDANAPPA DINDUR, AGE: 67 YEARS, OCC: AGRI. AND BUSINESS, R/O: BASAVANAGAR, ILKAL-587125, TQ: ILKAL, DIST: BAGALKOT. …APPELLANT (BY SRI H.R. DESHAPANDE, ADVOCATE) AND: 1. SRI. DODDAPPA S/O. LOKAPPA MADIKESHWAR, AGE: 55 YEARS, OCC: AGRI., R/O: HULAGERI-583281, TQ: KUSHTAGI, DIST: KOPPAL. 2. SMT. GANGAMMA W/O. SANGAPPA VAJJAL, AGE: 65 YEARS, OCC: AGRI., R/O: PURTAGERI-583227, TQ: KUSHTAGI, DIST: KOPPAL. 3. SRI. MAHANTESH S/O. SANGAPPA VAJJAL, AGE: 47 YEARS, OCC: AGRI., R/O: PURTAGERI-583227, TQ: KUSHTAGI, DIST: KOPPAL. 4. SRI. GURAPPA @ MUTTAPPA S/O. SANGAPPA VAJJAL, AGE: 39 YEARS, OCC: AGRI., R/O: HULAGERI-583227, TQ: KUSHTAGI, DIST: KOPPAL. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 104 R/W ORDER XLIII RULE 1 (r) R/W SECTION 151 OF THE CPC, 1908, PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE ORDER ON I.A.NO.IX DATED 07.08.2023 PASSED BY SENOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KUSHTAGI AND TO ALLOW THE I.A.NO.IX UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF CPC ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3649 MFA No. 105461 of 2023 KUSHTAGI IN O.S.NO.639/2016 WITH COSTS THROUGHOUT AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for the appellant has submitted and filed a memo seeking withdrawal of the appeal. The said submission and memo are placed on record. Consequently, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 2 Sl No.: 126