- 1 - HC-KAR NC: 2025:KHC:38107 MFA No. 6949 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6949 OF 2025 (CPC) BETWEEN: 1. SRI. B R NAGESHAPPA S/O LATE H B REVANASIDDAPPA AGED ABOUT 55 YEARS R/O KITTUR VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT-577002 2. SRI B R CHANNABASAPPA S/O LATE H B REVANASIDDAPPA AGED ABOUT 50 YEARS R/O KITTUR VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT-577002 …APPELLANTS (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. SMT. CHETHANA W/O V N RAJU AGED ABOUT 40 YEARS R/O KITTUR VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT-577002 2. SMT SINDHU W/O MAHADEVAPPA AGED ABOUT 38 YEARS R/A BENAKALLU VILLAGE HAGARIBOMMANAHALLI TALUK VIJAYANAGARA DISTRICT 577002 Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38107 MFA No. 6949 of 2025 3. SMT AKKAMAHADEVI W/O LATE SIDDALINGAPPA AGED ABOUT 45 YEARS R/O KITTUR VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT 577002 4. SRI S N CHANDRAPPA S/O LATE DOGGHALLI NINGAPPA AGED ABOUT 55 YEARS R/O KITTUR VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT-577002 5. SRI S N KOTRESHAPPA S/O LATE DOGGALI NINGAPPA AGED ABOUT 57 YEARS R/O KITUR VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT-577002 …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 19.10.2024 PASSED ON IA NO.1 AND 3 IN O.S.NO. 494/2024 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, DAVANAGERE, DISMISSING THE IA.NO. 1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC, ALLOWING THE IA.NO. 3 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 HANCHATE SANJEEVKUMAR - 3 - HC-KAR NC: 2025:KHC:38107 MFA No. 6949 of 2025 ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking permission to withdraw the appeal with liberty to file appeal before the appropriate forum. 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. 4.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, 1963. 5. Registry is directed to return all the original copies to the appellants. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 12