- 1 - HC-KAR NC: 2026:KHC:15811 MFA No. 7670 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 7670 OF 2025 (CPC) BETWEEN: SHRI. D. M. HEMANTHA KUMAR S/O LATE D. K. MUNIVENKATAPPA, AGED ABOUT 39 YEARS, R/AT NO.168, ESHWARI TEMPLE ROAD, NEAR KUMARAN'S SCHOOL ROAD DODDAKALLASANDRA, BENGALURU-560 062. REP. BY HIS REGISTERED GPA HOLDER, SMT. SUMA C, W/O D. M. HEMANTHKUMAR, AGED ABOUT 31 YEARS, R/AT NO. 168, ESHWARI TEMPLE ROAD, NEAR KUMARAN'S SCHOOL ROAD DODDAKALLASANDRA, BENGALURU-560 062. …APPELLANT (BY SRI. PRADEEP NAIK K., ADVOCATE) AND: 1. SMT. PANKAJA S W/O S. VASUDEV, AGED ABOUT 51 YEARS, R/AT NO. 153, SHANTI NIVASA, 12TH CROSS, SARAKKI, J.P. NAGAR, 1ST PHASE, BENGALURU-560 078. 2. SHRI. V. SRINIVAS, S/O. SRI. VENKATARAYAPPA AGED ABOUT 50 YEARS, R/AT NO. 38, SHRI PRIYA NILAYA, OPP. GANGAMMA TEMPLE, HEBBALA GUDDADAHALLI, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15811 MFA No. 7670 of 2025 R.T. NAGAR POST, BENGALURU-560 032. 3. M/S LIAM CONSTRUCTIONS PVT. LTD. NO. 1143, 3RD FLOOR, 6TH MAIN ROAD, SECTOR-7, HSR LAYOUT, BENGALURU-560 102 REP. BY ITS MANAGING DIRECTOR, JOHN D SOUZA. …RESPONDENTS (BY SRI. K R KRISHNA MURTHY., ADVOCATE FOR R2; V/O/D 19.12.2025 NOTICE TO R1 & R3 D/W) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.20.12.2024 PASSED ON I.A.NO.3 IN O.S.NO.7535/2024 PENDING ON THE FILE OF THE XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-39), ALLOWING I.A.NO.3 FILED U/O.39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT The learned counsel for the appellant filed a memo dated 17.03.2026 seeking leave of this Court to withdraw this appeal. 2. The memo is taken on record. 3. This appeal is dismissed as withdrawn. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 0