- 1 - HC-KAR NC: 2025:KHC:51819 MFA No. 8302 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8302 OF 2025 (CPC) BETWEEN: SMT. CHANDRAKALA W/O ANUP DESHPANDE AGE ABOUT 55 YEARS R/A KITTUE VILLAGE, KITTUR POST BYLAHONGALA TALUK, BELGAM DISTRICT CORRECT ADDRES AT FLAT NO. S-1, DATTA RESIDENCY 2ND CROSS, 4TH MAIN VIVEKANDA NAGAR, DHARWAD. …APPELLANT (BY SRI. SHOWRI H.R, ADVOCATE) AND: 1. VIDYA S D/O LATE SATHISH AGE ABOUT 24 YEARS 2. VISHWAS S/O LATE SATHISH AGE ABOUT 11 YEARS BEING MINOR REPRESENTED BY HIS GUARDIAN MOTHER MAMATH W/O LATE SATHISH AGE ABOUT 38 YEARS R/O NO. 147, 9TH MAIN ROAD 10TH CROSS, GOVINDARAJA NAGAR KHB COLONY, BENGALURU - 560 043. …RESPONDENTS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51819 MFA No. 8302 of 2025 THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 22.09.2025 PASSED IN MISC.NO. 5/2023 ON THE FILE OF THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, HASSAN, PARTLY DECREEING THE SUIT OF THE PLAINTIFF. 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 with liberty to file appeal before the appropriate forum. 2. In view of the memo, the appeal is dismissed as withdrawn with liberty as prayed for. 3. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. 4. Registry is directed to return all the certified copies to the appellant/counsel for the appellant . SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 30