- 1 - HC-KAR NC: 2025:KHC:36549 MFA No. 208 of 2025 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. 208 OF 2025 (CPC) BETWEEN: SRI. K. S. NANJAPPA S/O SANJEEVAIAH AGED ABOUT 64 YEARS R/AT NO.869, SRIRANGA CHURCH LINE NEW THIPPASANDRA BENGALURU - 560075 …APPELLANT (BY SRI. SURESH S., ADVOCATE) AND: 1. SRI. RAJU S/O CHANDRAPPA AGED ABOUT 50 YEARS 2. KAMALAMMA W/O. CHANDRAPPA AGED ABOUT 57 YAERS RESPONDENT NOS.1 AND 2 ARE R/AT NO.4195, 1ST MAIN, SUBRAMANYA NAGAR, BENGALURU - 560021. 3. SRI NARAYANA G N S/O NANJAPPA AGED ABOUT 55 YEARS, 4. SRI. HARISHA @ KENDA HARISHA AGED ABOUT 42 YEARS S/O. SRI RAJANNA Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36549 MFA No. 208 of 2025 5. SRI JAYARAM AGED ABOUT 42 YEARS FATHER NAME NOT KNOWN RESPONDENTS NO. 3 TO 5 ARE RESIDENTS OF SRI KRISHNA BAR ANDRAHALLI, BENGALURU NORTH TALUK BENGALURU - 560 091 6. SRI. VENKATESH @ MANCHU VENKATESH AGED ABOUT 42 YEARS R/O. THIGALARAPALYA COLONY YESHWATHAPURA VHOBLI BENGALURU NORTH TALUK BENGALURU - 560 091 7. SRI J R RAMESH R/O RAMASWAMY AGED ABOUT 42 YEARS R/O DIVYA NIVASA, 2ND CROSS ANNASANDRAPALYA, HAL POST BENGALRU - 560017 8. SRI BHUJANGAIAH FATEHR NAME NOT KNOWN AGED ABOUT 28 YEARS R/O BALAJINAGAR THIGALARPALYA MAIN ROAD YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091 …RESPONDENTS (BY SRI. V.VISWANATH SETTY., ADVOCATE FOR C/R4) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.29.10.2024 PASSED ON IA NO.1 AND II IN R.A.NO.29/2022 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, - 3 - HC-KAR NC: 2025:KHC:36549 MFA No. 208 of 2025 DISMISSING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC, ALLOWING IA NO.2 FILED U/O.39 RULE 4 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 an appeal before the Jurisdictional Court. 2. Memo is taken on record. 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 Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. 4.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 appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA, List No.: 1 Sl No.: 21