- 1 - HC-KAR NC: 2025:KHC:53291 MFA No. 4971 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4971 OF 2024 (CPC) BETWEEN: S. GOVINDU AGED ABOUT 79 YEARS S/O PAMALU VENKATESH R/AT NO. 31, VENKATESHWARA NILAYA, DASAPPA LAYOUT, RAMAMURTHYNAGAR BENGALURU - 560 016. …APPELLANT (BY SRI. NARAYANA BHAT M, ADVOCATE) AND: 1. B.N. JAYAPRAKASH S/O LATE N. NARASIHHAIAH AGED ABOUT 42 YEARS, R/AT VENKATAMMA COCONUT GARDEN, SEEGEHALLI, VIRGONAGAR POST, BENGALURU - 560 049. LATE JAWARHARLAL SINCE DEAD BY HIS LRS, 2. SMT. NIRMALA J W/O LATE JAWAHARLAL AGED ABOUT 58 YEARS 3. RAHUL J S/O LATE JAWAHARLAL AGED ABOUT 32 YEARS RESPONDENTS NO.2 AND 3 R/AT NO. 5, 5/1, 1ST FLOOR, HAYATH MANSION, BASAPPA ROAD, SHANTHI NAGAR, BENGALURU - 560 027. …RESPONDENTS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53291 MFA No. 4971 of 2024 THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 24.04.2024 PASSED ON I.A.NO.5 IN OS.NO.537/2014 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING THE I.ANO.5 FILED UNDER ORDER 6 RULE 17 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 dated 07.08.2025 seeking permission to withdraw the appeal. 2. In view of the memo, the appeal is dismissed as withdrawn. 3. All the contentions are kept open. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 8