- 1 - HC-KAR NC: 2025:KHC:28511 MFA No. 6013 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 6013 OF 2022 (CPC) BETWEEN: SMT. INDIRA V W/O SRI. K.K. VASATHARAO AGED ABOUT 62 YEARS R/AT NO.52, II MAIN ROAD 'B' SECTOR, AMRUTHANAGARA BANGALORE -560 092 …APPELLANT (BY SRI. B.N. SURESH BABU, ADVOCATE) AND: 1. SRI. M. DEVARAJA S/O LATE MUNISHAMAPPA AGED ABOUT 54 YEARS R/AT ALLALASANDRA VILLAGE YELAHANKA HOBLI, GKVK POST BANGALORE 2. THE KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BULDING CO-OP. SOCIETY LTD OFFICE AT HIGH COURT BUILDING BANGALORE -560 001 REPRESENTED BY ITS PRESIDENT /SECRETARY …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR C/R1) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 24.06.2022 PASSED ON Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28511 MFA No. 6013 of 2022 I.A.NO.1 IN OS.NO.151/2020 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-26, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 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 RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel for the appellant files a memo to withdraw this appeal. The said memo reads as under: MEMO "1. The appellant above named most respectfully that the appellant in the above appeal has questioned the orders passed by the trail court in O.S.No.151/2020 on I A No.1 dated 24.6.2022. Subsequent, filing the above appeal, before the trail court the appellant has already tendered evidence as such the trail of the suit is commenced. The appellant is a senior citizen suffering from several age related ailments as such the appellant is interested to see the fruit of the litigation during her lifetime. All contentions may be kept open. 2. Hence, this Hon'ble court may be pleased to dismiss the above appeal as withdrawn with a direction to the trail court to conclude the matter in O.S.No.151/2020 pending before the X Additional City Civil Judge at Bengaluru within an outer limit of six months from today. This memo - 3 - HC-KAR NC: 2025:KHC:28511 MFA No. 6013 of 2022 is filed without prejudice to the merits of the case. WHEREFORE, this Hon'ble court may be pleased to pass appropriate orders in the interest of justice and equity." 2. In view of the memo, the appeal is dismissed as withdrawn. 3. It is further submitted by learned counsel for the appellant that, as the appellant is the Senior citizen, aged 66 years and the direction be given to the trial Court to dispose of the suit expeditiously. 4. In view of the above submission, the trial Court is requested to dispose of the suit within an outer limit of 9 months from the date of production of copy of this order. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM List No.: 1 Sl No.: 1