- 1 - HC-KAR NC: 2025:KHC:32277 MSA No. 177 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 177 OF 2025 (RO) BETWEEN: 1. SRI BHADRINATH SHASTRI S/O LATE K.KRISHNA SHASTRI, AGED ABOUT: 67 YEARS, R/AT NO.57, VASUNDARA, 1ST MAIN, 1ST CROSS, SOUNDARYANAGAR, NAGASANDRA POST, SIDDEDAHALLI, BENGALURU. 2. SMT. MANDAKINI, W/O T.B. SHIVARAM, AGED ABOUT 71 YEARS, R/AT: #57, VASUNDARA, 1ST MAIN, 1ST CROSS, SOUNDARYANAGAR, NAGASANDRA POST, SIDDEDAHALLI, BENGALURU. 3. SMT. JANAKI, W/O T.B. ANANTHARAM, AGED ABOUT 69 YEARS, R/AT:#57, VASUNDARA, 1ST MAIN, 1ST CROSS, SOUNDARYANAGAR, NAGASANDRA POST, SIDDEDAHALLI, BENGALURU. …APPELLANTS (BY SRI. PRAVEEN KUMAR K.S., ADVOCATE) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32277 MSA No. 177 of 2025 AND: 1. SRI HANUMANTHAPPA S/O MURIGEPPA, AGED ABOUT 55 YEARS, AGRICUTLURISTS/BUSINESSMAN, R/AT AMARAVATHI VILLAGE, HARIHAR TALUK. 2. SRI. MANJUNATHA, S/O LATE KRISHNA SHASTRI, AGED ABOUT 59 YEARS, R/AT #57, VASUNDARA, 1ST MAIN, 1ST CROSS, SOUNDARYANAGAR, NAGASANDRA POST, SIDDEDAHALLI, BENGALURU. 3. SRI. SOMANATHA SHASTRI, AGED ABOUT 59 YEARS, R/AT #57, VASUNDARA, 1ST MAIN, 1ST CROSS, SOUNDARYANAGAR, NAGASANDRA POST, SIDDEDAHALLI, BENGALURU. …RESPONDENTS *** THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 13.06.2025 PASSED IN R.A.No.14/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 08.01.2018 PASSED IN O.S. No.20/2009 ON THE FILE OF THE C/C PRINCIPAL CIVIL JUDGE AND JMFC, HARIHAR, FOR FRESH DISPOSAL TO LEAD FURTHER EVIDENCE. THIS MSA, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:32277 MSA No. 177 of 2025 ORAL ORDER Learned counsel for the appellants has filed a memo, seeking permission of the Court to withdraw the appeal, with liberty to urge other grounds in the suit. The memo reads as under: "The appellants in the above appeal most humbly prayed that this Hon'ble Court kindly permit them to withdraw the appeal, with liberty to urge other grounds in the suit." 2. Placing the memo on record, the appeal is dismissed as withdrawn. All contentions are left open for the parties to urge before the Trial Court, in accordance with law. In view of withdrawal of the appeal, pending I.A.No.1/2025 does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE BMV* List No.: 1 Sl No.: 37