- 1 - HC-KAR NC: 2025:KHC:35940 MFA No. 6258 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6258 OF 2023 (CPC) BETWEEN: SRI. K. S. RAMU S/O. K. V. SIDDAPPA, AGED ABOUT 59 YEARS, RESIDING AT NO. 1030, NEW EXTENSION, K.S.L.D. BANK, KOLAR. …APPELLANT (BY SRI. S. VIJAYA KUMAR, ADVOCATE) AND: 1. SRI. RATHNAKARA NAYAK V.G, S/O. V. M. GOVINDA NAYAK, AGED ABOUT 48 YEARS, R/AT T. GURAPPA COMPOUND, BHAGATH SINGH ROAD, MUTHYALPET, MULABAGILU TALUK, KOLAR DISTRICT. 2. SRI. S. M. PREMA KUMAR S/O. SRINIVAS, AGED ABOUT 66 YEARS, ALLEGED TO BE ARRACK CONTRACTOR, ALLEGED TO BE R/AT NO. 436, 9TH MAIN ROAD, 4TH BLOCK, NANDINI LAYOUT, BENGALURU. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(d) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 27.06.2023 PASSED IN Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35940 MFA No. 6258 of 2023 MISC.NO.35/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, KOLAR, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 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 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 Accordingly, the appeal is dismissed as withdrawn.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.: 4 CT: BHK