- 1 - HC-KAR NC: 2025:KHC:40029 MFA No. 2044 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.2044 OF 2024 (CPC) BETWEEN: SRI.PRAKASH BHOJA SHETTY, S/O LATE BHOJA SHETTY, AGED ABOUT 55 YEARS, RESIDING AT NO 146, 1ST MAIN, SHIVANAHALLI, BANGALORE - 560 023. …APPELLANT (BY SRI. SATHISHA D. J., ADVOCATE) AND: 1. P.S.PANDURANGA SHETTY, S/O LATE P.S.SATHYANARAYANA SHETTY, AGED ABOUT 68 YEARS, 2. P.S.ANANTHU SHETTY, S/O LATE P.S.SATHYANARAYANA SHETTY, AGED ABOUT 67 YEARS, 3. BADRINATH SHETTY, S/O LATE P.S.SATHYANARAYANA SHETTY, AGED ABOUT 59 YEARS, ALL ARE R/AT HOUSE NO 11/B, 50 FEET ROAD, HANUMANTHANAGAR, BANGALORE - 560 050. …RESPONDENTS Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40029 MFA No. 2044 of 2024 THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 18.11.2023 PASSED ON I.A.NO.1 IN OS.NO.7436/2022 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DISMISSING THE I.A.NO.1 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 ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal. Memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE DS CT: TSM List No.: 1 Sl No.: 7