- 1 - HC-KAR NC: 2025:KHC:51883 MFA No. 7353 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7353 OF 2025 (CPC) BETWEEN: MANJUNATH H S S/O R. SHANKAR NARAYAN, AGED ABOUT 49 YEARS, OCC: AGRICULTURIST, R/O SONDAKOOPA (SONDEKOPPA) MAIN ROAD, KASABA HOBLI, MALLAPURA, BANGALORE RURAL DISTRICT -562123. …APPELLANT (BY SRI. CHETAN JADHAV., ADVOCATE) AND: 1. R. SHANKAR NARAYAN S/O LATE RAMEGOWDA, AGED ABOUT 82 YEARS, R/O HULLEGOWDANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-562 162 2. UMESH H.S. S/O R.SHANKAR NARAYAN, AGED ABOUT 48 YEARS, R/O HULLEGOWDANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-562 162 3. K.MAHADEVA S/O LATE KALLAIAH, AGE MAJOR, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:51883 MFA No. 7353 of 2025 R/O HYDALU VIVLLAGE, KASABA HOBLI, MYLANAHALLI POST, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562 123 4. M/S. WELLINGTON VALLEY DEVELOPERS AND FINANCIERS PVT. LTD., R/O AT G-D CHARLES COURT NO.12, REST HOUSE ROAD, BANGALORE-560 066, REPT. BY ITS DIRECTOR. 5. M/S. KRIMSON HILL DEVELOPERS AND INVESTMENT PVT. LTD., R/O AT G-D CHARLES COURT NO.12, REST HOUSE ROAD, BANGALORE-560066, REPT. BY ITS DIRECTOR. 6. M/S. ABROSE ESTATE AND INVESTMENT PVT. LTD., R/O AT G-D CHARLES COURT NO.12, REST HOUSE ROAD, BANGALORE-560066, REPT. BY ITS DIRECTOR. 7. M/S. TEMPLE TREE ESTATE DEVELOPERS AND INVESTORS PVT. LTD., R/O AT G-D CHARLES COURT NO. 12, REST HOUSE ROAD, BANGALORE-560066, REPT. BY ITS DIRECTOR. 8. M/S VOLTARIC ESTATE AND INVESTMENT PVT LTD R/O AT PRIVATE LRD., R/O AT G-D CHARLES COURT NO. 12, REST HOUSE ROAD, BANGALORE-560066, REPT. BY ITS DIRECTOR. - 3 - HC-KAR NC: 2025:KHC:51883 MFA No. 7353 of 2025 9. MH.B.JAIRAJ, S/O H.R.BASAVARAJ, AGE MAJOR, R/O NO.26, A/2 SANKEY ROAD, BANGALORE-560 003 10. M/S. CHANDRAKIRAN ESTATE DEVELOPERS PVT. LTD., R/O NO.1587, 36TH BLOCK, BANASHANKARI 2ND STAGE, BANGALORE-560066, REPT. BY ITS DIRECTOR. 11. M/S PARASAI ESTATE DEVELOPERS AND RESORTS PVT. LTD. R/O NO.22, 11TH A-MAIN ROAD, 5TH BLOCK, JAYANAGAR, BANGALORE-560011, REPT. BY ITS DIRECTOR. 12. M/S. COASTLINE DEVELOPERS R/O ALVARIS CENTER, NANTHOOR, MANGALORE-575 001 REPT. BY ITS PARTNER. 13. M/S. GANYMADE RESORTS AND DEVELOPERS PVT. LTD., R/O AT G-D CHARLES COURT NO. 12, REST HOUSE ROAD, BANGALORE-560066, REPT. BY ITS DIRECTOR. 14. M/S. PALMSPRING ESTATE DEVELOPERS AND FINANCIERS PVT. LTD., R/O NO.1587, 36TH BLOCK, BANASHANKARI 2ND STAGE, BANGALORE-560 070 REPT. BY ITS DIRECTORS. 15. M/S. HAMSADHVANI HOMES AND ESTATE PVT. LTD., R/O NO.1587, 36TH BLOCK, - 4 - HC-KAR NC: 2025:KHC:51883 MFA No. 7353 of 2025 BANASHANKARI 2ND STAGE, BANGALORE-560 070 REPT. BY ITS DIRECTORS. 16. M/S. CORNER STONE ESTATE AND DEVELOPERS PVT. LTD., R/O AT G-D CHARLES COURT NO.12, REST HOUSE ROAD, BANGALORE-560066, REPT. BY ITS DIRECTOR. 17. M/S. LAMBS ROCK RESORTS AND DEVELOPERS PVT. LTD., R/O AT G-D CHARLES COURT NO.12, REST HOUSE ROAD, BANGALORE-560066, REPT. BY ITS DIRECTOR. …RESPONDENTS (BY SRI. SHARATH S. GOGI, ADVOCATE AND SRI. SHIVAKUMAR S. GOGI, ADVOCATE FOR C/R9 AND R10) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 01.08.2025 PASSED ON I.A.NO. 1 IN O.S.NO. 672/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NALAMANGALA, REJECTING THE IA NO. 1 FILED U/O.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 permission to withdraw the appeal with liberty to file appeal before appropriate Court. - 5 - HC-KAR NC: 2025:KHC:51883 MFA No. 7353 of 2025 2. The memo is taken on record. 3. In view of the memo, the appeal is dismissed as withdrawn. Liberty is reserved to file an appeal before the appropriate Court as per law. 4. 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. 5. Registry is directed to return the original and certified copies of the documents to the appellant by placing photocopy of the same at the cost of appellants. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE AKV List No.: 1 Sl No.: 38