- 1 - HC-KAR NC: 2025:KHC:34881 MFA No. 5791 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 5791 OF 2025 (MV-I) BETWEEN: PRASHANTH KUMAR BEKAL AGED 27 YEARS S/O LATE PURUSHOTHAMA, R/AT D.NO. 201, 2ND FLOOR, TRINITY ENCLAVE APARTMENT, GANDHI NAGARA, MARPADY VILLAGE, MOODABIDRI TALUK, NOW R/AT G.S. VILLA, NEAR HAMPANKATTA CIRCLE, MANGALORE - 575 001. …APPELLANT (BY SRI. JEEVAN K, ADVOCATE) AND: 1. NITHESH POOJARY AGED ABOUT 40 YEARS. S/O VITAL POOJARY, D.NO. 2-152(2), ANGARAGUDDE, SHIMANTUR, KENCHANAKERE, MANGALURU - 575001. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34881 MFA No. 5791 of 2025 2. THE MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, SITARUPA INDUSTRIAL AREA, JAIPUR, RAJASTHAN - 302 022 POLICE SERVING OFFICE AT 302, DOOR NO. 14-2-101/6, 3RD FLOOR, MANGALURU - 575 001. …RESPONDENTS THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.07.2025 PASSED IN MVC NO.703/2024 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT-II, DK.MANGALURU, ALLOWING THE APPLICATION DATED 04.06.2025 FILED BY THE RESPONDENT INSURANCE COMPANY U/W 94(e), 151 AND ORDER 7 RULE 11(d) OF CPC R/W SECTION 166(3) OF MV ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:34881 MFA No. 5791 of 2025 ORAL JUDGMENT Sri. Jeevan.K learned counsel for the appellant seeks permission to withdraw the appeal. Permission as prayed for is accorded. The appeal is dismissed as withdrawn. Documents if any filed, which can be returned, be returned by the Registry. Liberty is granted to the appellant to avail alternative remedy, if any available under law. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 22 CT: BHK