- 1 - HC-KAR NC: 2025:KHC:33310 MFA No. 5020 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5020 OF 2024 (CPC) BETWEEN: S. GOVINDU AGED ABOUT 79 YEARS S/O PAMALU VENKATESH R/AT NO 31, VENKATESHWARA NILAYA, DASAPPA LAYOUT, RAMAMURTHYNAGAR, BENGALURU - 560 016 …APPELLANT (BY SRI. NARAYANA BHAT M.,ADVOCATE) AND: 1. B N JAYAPRAKASH S/O LATE N NARASIHHAIAH AGED ABOUT 42 YEARS, R/AT VENKATAMMA COCONUT GARDEN, SEEGEHALLI, VIRGONAGAR POST, BENGALURU – 560 049. 2. LATE JAWARHARLAL SINCE DEAD BY HIS LRS, SMT NIRMALA W/O LATE JAWAHARLAL AGED ABOUT 58 YEARS 3. RAHUL J S/O LATE JAWAHARLAL AGED ABOUT 32 YEARS RESPONDENTS NO.2 AND 3 Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33310 MFA No. 5020 of 2024 R/AT NO 5, 5/1, 1ST FLOOR, HAYATH MANSION, BASAPPA ROAD, SHANTHI NAGAR, BENGALURU – 560 027 …RESPONDENTS THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 24.4.2024 PASSED ON I.A. NO. 1 IN O.S.NO.537/2014 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 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 withdrawal of the appeal. Memo is placed on record. Consequently, the appeal is dismissed as withdrawn. All the contentions left open. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 14