- 1 - HC-KAR NC: 2025:KHC:36547 MFA No. 8488 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8488 OF 2024 (CPC) BETWEEN: 1. SRI M CHANDRA S/O MUTHAIAH @ MUTHA AGE 40 YEARS 2. SRI VASANTHA S/O MUTHAIAH @ MUTHAIAH AGED 38 YEARS 3. SMT. YELLAMMA W/O. LATE MUTHAIAH MAJOR AGED ABOUT 72 YEARS 4. SRI MUTHAIAH S/O LATE MUTHAIAH MAJOR AGE 55 YEARS ALL ARE R/AT GABBADI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TLAUK, RAMANAGARA DISTRICT- 572 159 …APPELLANTS (BY SRI. RAJU S., ADVOCATE) AND: SRI P MADAIAH SINCE DEAD BY HIS LRS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36547 MFA No. 8488 of 2024 1. SRI PRAKASHA, S/O LATE P MADAIAH AGE ABOUT 55 YEARS, 2. SRI MAHADEVA S/O LATE P MADAIAH, AGED ABOUT 47 YEARS, 3. SRI P. L. RAMESH S/O LATE LINGAIAH @ BOJJAIAH MAJOR, ALL ARE R/AT PURAVAYYANA PALYA VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK- 572159. …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(C) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 26.11.2024 PASSED ON IN MISC.NO. 65/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA. 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 appellants has filed a memo seeking permission to withdraw the appeal with liberty to file an appeal before the Jurisdictional Court. 2. Memo is taken on record. - 3 - HC-KAR NC: 2025:KHC:36547 MFA No. 8488 of 2024 3. Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. 4.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 all the original copies to the appellants */learned counsel for the appellants. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 20 *Inserted vide Court order dated 27.10.2025