- 1 - HC-KAR NC: 2025:KHC:36556 MFA No. 1129 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. 1129 OF 2025 (CPC) BETWEEN: SMT. M. A. LEELA AGED ABOUT 57 YEARS W/O SRI. A.M NAGARAJU R/AT POORNAIAH STREET, SRIRANGAPATNA TOWN SRIRANGAPATNA …APPELLANT (BY SRI. SHRIRAMA, ADVOCATE) AND: 1. SMT. PUSHPA W/O. SRI. RAMESH AGED ABOUT 40 YEARS, 2. SRI. PRADEEP S/O RAMESH AGED ABOUT 28 YEARS 3. SMT. KAVYA W/O. PRADEEP AGED ABOUT 27 YEARS, ALL 1 TO 3 ARE RESIDING AT, SOPPINAKERI BEEDI, SRIRANGAPATNA TOWN SRIRANGAPATNA. 4. SMT. SUJATHA, AGED ABOUT 40 YEARS D/O. SRI AM NAGARAJ Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36556 MFA No. 1129 of 2025 R/AT, 1/3, JYOTHISHREE FLATE, 1ST CROSS ROAD, PALACE GUTTALLI, BENGALURU 560003 …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 03.04.2024 PASSED ON I.A.NO.1/2023, 2/2023 IN OS.NO.202/2024 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, SRIRANGAPATNA, DISMISSING THE PETITION FILED UNDER ORDER 39 RULE 1 AND 2 R/W 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 an appeal before the appropriate forum. 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 Accordingly, the appeal is dismissed as withdrawn with liberty as prayed for. 4.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. - 3 - HC-KAR NC: 2025:KHC:36556 MFA No. 1129 of 2025 5. Registry is directed to return all the original copies to the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 24