- 1 - HC-KAR NC: 2025:KHC:34955 MFA No. 4737 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. 4737 OF 2025 (CPC) BETWEEN: 1. MARIGOWDA, S/O LATE MARISWAMYGOWDA, AGED ABOUT 78 YEARS. AGRICULTURIST. 2. GOWRAMMA, W/O MARIGOWDA, AGED ABOUT 65 YEARS. 3. JAGADISHA, S/O MARIGOWDA. AGED ABOUT 50 YEARS, APPELLANTS NO.1 TO 3 ARE RESIDING AT VARAHANATHA HALLAHALLI VILLAGE BUKENAKERE HOBLI, K.R. PET - 571 426 SMT. BHAYGAMMA, W/O SIDDEGOWDA - DEAD 4. SRI ARAVIND SHARMA S/O LATE J.P. SHARMA. AGED ABOUT 53 YEARS, NO.15, GEETHANAJALI PARMA, LALITHADRIPURA ROAD, SIDDARTHANAGARA, NAZAR BAD MOHALLA, MYSURU - 570 010 Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34955 MFA No. 4737 of 2025 …APPELLANTS (BY SRI. MOHAMMED SALEHA, ADVOCATE AND SRI. M.S. MUKARRAM, ADVOCATE) AND: 1. MANJUNATHA, S/O LATE SIDDEGOWDA. AGED ABOUT 48 YEARS. AGRICULTURIST. R/O GIRIYARAHALLI VILLAGE. CHINAKURALI HOBLI, PANDAVAPURA TALUK. MANDYA - 571 455 2. NAGENDRA, S/O LATE SIDDEGOWDA. AGED ABOUT 48 YEARS. RESIDING AT VARAHANATHA HALLAHALLI VILLAGE, BUKENAKERE HOBLI. K. R. PET-571 426 3. SMT. VASANTHA S/O LATE SIDDEGOWDA W/O LATE SHIVAKUMARA, AGED ABOUT 48 YEARS, AGRICULTURIST. R/O CHINDAGIRIKOPPALU VILLAGE, K. SHETTYHALLI HOBLI, SRIRANGAPATNA TALUK - 571 438 …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 21.04.2025 PASSED ON IA NO.III IN O.S.NO. 437/2022 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, PANDAVAPURA, REJECTING THE IA.NO.III FILED UNDER ORDER 39 RULE 4 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:34955 MFA No. 4737 of 2025 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal with liberty to file appeal before the District Court having jurisdiction. 2. The memo is taken on record. 3. Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 28