- 1 - HC-KAR NC: 2025:KHC:31721 MFA No. 4437 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.4437 OF 2025 (CPC) BETWEEN: 1. SMT. MUNILAKSHMAMMA D/O LATE VENKATESHAPPA, AGED ABOUT 55 YEARS, 2. SMT. SAROJAMMA D/O LATE VENKATESHAPPA, AGED ABOUT 52 YEARS, 3. SRI. DEVARAJ S/O LATE VENKATESHAPPA, AGED ABOUT 47 YEARS, 4. SRI. V SHIVAPPA S/O LATE VENKATESHAPPA, AGED ABOUT 47 YEARS, ALL ARE RESIDING AT EMBRAHALLI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. …APPELLANTS (BY SRI. RAMA MOHAN M, ADVOCATE) AND: 1. SRI TANVEER AHMED S/O LATE ABDUL SATTAR, AGED ABOUT 53 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31721 MFA No. 4437 of 2025 R/AT NO.191/1 (OFFICE NO.S-1) 2ND FLOOR, 3RD CROSS, K C R COMPLEX, C S I COMPOUND MAIN ROAD, BANGALORE – 560 027. 2. SRI. GAURAV AHUJA S/O MR NARAYAN DAS BODARAM, AGED ABOUT 33 YEARS, R/AT NO.33, 3RD FLOOR, S N S CHAMBERS, NO.239, SANKEY ROAD, SADASHIVANAGAR, BANGALORE – 560 080 …RESPONDENTS (BY SRI. AJAY RAO AND SRI. GAURAV AHUJA, ADVOCATES FOR R1 & R2) THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF THE CPC, PRAYING TO SET ASIDE THE ORDER DATED 25.03.2025 PASSED IN O.S.NO.251/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, BY GRANTING INTERIM ORDER AS PRAYED BY THE PLAINTIFF/APPELLANTS IN THE SUIT FILED BY THEM BEFORE THE TRAIL COURT AND TO PASS SUCH ORDER OR ORDERS AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY BY ALLOWING THE APPEAL. 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:31721 MFA No. 4437 of 2025 ORAL JUDGMENT Learned counsel for the appellants has filed a memo to withdraw the appeal with liberty to approach appropriate Court as per law. 2. Memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn. The appellant is entitled to benefit of Section 14 of the Limitation Act, 1963. SD/- (HANCHATE SANJEEVKUMAR) JUDGE MH/- List No.: 1 Sl No.: 15