- 1 - HC-KAR NC: 2025:KHC:34946 MFA No. 5840 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5840 OF 2025 (CPC) BETWEEN: PAPANNA S/O CHIKKAIAHSETTY AGED ABOUT 53 YEARS R/O KODAGAHALLI VILLAGE B.G. PURA HOBALI MALAVALLI TALUK MANDYA DISTRICT - 571 430 …APPELLANT (BY SRI. DINAKAR M.P., ADVOCATE) AND: C. CHANNAIAH S/O. CHIKKAIAH AGED ABOUT 54 YEARS R/O KODAGAHALLI VILLAGE B.G. PURA HOBLI MALAVALLI TALUK MANDYA DISTRICT - 571 430 …RESPONDENT THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 16.01.2024 PASSED IN MISC.NO. 9/2014 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MALAVALLI, DISMISSING THE PETITION FILED UNDER ORDER IX RULE 13 READ WITH SECTION 151 OF CPC.E. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34946 MFA No. 5840 of 2025 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file an appropriate appeal before the appropriate forum as per law. 2. The memo is taken on record. 3. Accordingly, the appeal is dismissed as withdraw with liberty as prayed for. 4. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act. 5. Registry is directed to return all the certified copies to the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 30 CT-SG