- 1 - HC-KAR NC: 2025:KHC:33816 MFA No. 6379 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6379 OF 2025 (CPC) BETWEEN: SRI. MASHTAQ M.D. S/O MOHAMMED FAKRUDDIN, AGED ABOUT 49 YEARS, NO. 16/1, 1ST FLOOR, 11TH CROSS, BEHIND GOLD HILL SQUARE, MANGAMMANAPALYA, BOMMANAHALLI, BENGALURU - 560 068. …APPELLANT (BY SRI. B.M. LOKESH, ADVOCATE) AND: SMT. NAFISA BANU W/O IMRAN, AGED ABOUT 32 YEARS, R/AT MAKKA MEZIDED ROAD, MANGAMMANAPALYA, BOMMANAHALLI, BENGALURU - 560 068. …RESPONDENT THIS MFA IS FILED U/O.43 RULE 1 OF THE CPC, PRAYING TO SET ASIDE THE ORDER DATED 07.11.2024 PASSED IN SC NO.340/2021 ON THE FILE OF THE COURT OF SMALL CAUSES, BENGALURU, (SCCH-9). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33816 MFA No. 6379 of 2025 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file CRP before the appropriate forum. 2. The memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. 4. The time spent in prosecuting the appeal shall be excluded as the appellant is entitled for benefit of limitation under Section 5 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.: 11 CT: BHK